Loveland v. Jenkins-Boys Co.

Citations

• 49 Wash. 369
• 95 P. 490
• 1908 Wash. LEXIS 586

Syllabus

<p>Pleading — Answer—Inconsistent Defenses. A denial of the execution of a contract, and an affirmative defense setting up that any signature of the defendant secured by plaintiff to any contract was obtained by trickery and fraud, which was set forth, are not inconsistent defenses.</p> <p>Contracts — Validity—Execution— Fraud — Estoppel — Laches. Negligence and laches in signing his name to a contract does not estop a party from asserting its invalidity by reason of trickery and fraud in securing his signature without his intent to sign a contract or knowledge that he was doing so.</p> <p>Sales — Avoiding Contract — Return of Goods —Lien for Advances. A consignee who receives and advances the freight on a shipment of goods, which he was not under contract to take, as appears after opening the package, is not under obligation to return them, but may give notice and hold them until repayment of the advance.</p>