Leavenworth State Bank v. Wenatchee Valley Fruit Exchange

Citations

• 118 Wash. 366
• 204 P. 8
• 1922 Wash. LEXIS 683

Syllabus

<p>Assignments (20) — Operation and Effect — Rights Transferred —Recovery of Full Amount. Where a manufacturer on shipping goods to a purchaser assigns the invoice therefor to a bank for borrowed money less in amount than the face of the invoice, the hank thereby acquires a right of action against the purchaser for the full amount of the invoice price, under Rem. Code, § 191, notwithstanding the assignor may have an interest in the thing assigned.</p> <p>Sales (72) — Performance of Contract — Quantity—Excess Delivery. Where a fruit company, after contracting in writing with a mill company for a quantity of pear boxes, orally arranges that a portion of the boxes should he shipped to another fruit company, the former company would not be liable for any excess of boxes over the contract quantity delivered without its knowledge to the latter company.</p> <p>Interpleader (5) — Judgment. One who is not an original defendant cannot complain that judgment is rendered against him, where he voluntarily intervenes in the action, makes a defense, and seeks affirmative relief against the plaintiff.</p> <p>Sales (72) —Performance of Contract — Quantity—Effect of Excess Delivery. Where, under a written contract between a mill company and a fruit company, 15,000 pear boxes were to be delivered at a stated price, and by subsequent oral agreement a car load of the boxes was to be shipped to another fruit company without any stipulation as to price, the latter company would be liable for the prevailing market price at time of delivery on such quantity of boxes as were in excess of the 15,000 called for by the written contract between the original parties.</p>