Kulzer v. Simonton

Citations

• 41 Wash. 587
• 84 P. 582
• 1906 Wash. LEXIS 1014

Syllabus

<p>Sales — Replevin—Remedy op Vendor eor Fraud — Purchase by Third Party — Notice—Advancement op Freight Charges — Conditional Judgment. Replevin for lumber sold will lie, where the lumber was sold to a dealer who is hopelessly insolvent and who had no intention of paying for the same, without knowledge on the part of the vendor of such insolvency and fraudulent intent, and where the lumber was resold or turned over by the dealer to another to whom the dealer was indebted and who knew of the dealer’s insolvency and fraudulent intent, and who paid nothing thereon except the freight charges and a credit on the indebtedness; but in such case the plaintiff will be compelled to refund the freight charges advanced as a condition for recovery.</p>