Kehoe v. McConaghy

Citations

• 29 Wash. 175
• 69 P. 742
• 1902 Wash. LEXIS 572

Syllabus

<p>PAYMENT-SUPPICIENCY OP EVIDENCE-NON-SUIT.</p> <p>In an action of replevin to recover personal property which plaintiff had bought of defendant under an agreement to pay the price in installments, and which made time of the essence of the contract, it was error t'o non-suit plaintiff where his testimony showed that the balance due thereon of $225 had been paid by work done for defendant in hauling mail for him under his government contract during a period of forty-five days for which he agreed to settle with defendant for five dollars per day, or $225 in all; and the fact that on cross examination he testified that he was to receive for the hauling what the contract called for, would not destroy the value of his testimony as to the agreed rate of settlement, when there is no showing that the government contract rate was different.</p> <p>REPLEVIN-JUDGMENT IN CASE OP JOINT OWNERSHIP.</p> <p>A judgment in replevin in favor of defendant for the full value of the property in case its return cannot be had is erroneous, where plaintiff and defendant are joint owners of the property.</p>