Kohler & Chase, Inc. v. Turner

Citations

• 84 Wash. 192
• 146 P. 393
• 1915 Wash. LEXIS 774

Syllabus

<p>Sales — Conditional Sales — Remedies of Seller — Defenses— Breach of Contemporaneous Contract — Damages—Counterclaim. Under a conditional sales contract of goods, whereby the seller retains title thereto until payment in full, he would not forfeit such right of title from the fact that the purchaser suffered damage by reason of the seller’s breach of a contemporaneous contract to diligently pursue sales prospects furnished by the purchaser, upon which a commission was to be allowed and applied on the purchase price; but such damages would merely be a subject of counterclaim, entitling the purchaser to recover for any damages actually suffered.</p>