Makins Produce Co. v. Callison

Citations

• 67 Wash. 434
• 121 P. 837
• 1912 Wash. LEXIS 1196

Syllabus

<p>Judgment — Res Judicata — Sales—Action eor Price — Defenses— Condition or Article. In an action for the price of butter sold and delivered, which defendant rejected because in bad condition and not according to sample, a judgment in a proceeding in rem by the state inspector condemning the butter as “renovated” butter, the sale of which was prohibited, is admissible in evidence to prove the condition of the butter at the time it was seized.</p> <p>JudgmenoA-Res Judicata — Parties and Matters Concluded. In an action for the price of butter sold and delivered, a judgment in a proceeding in rem condemning the butter as “renovated” butter, is not, as a matter of law, final and conclusive upon the plaintiff as to the status and condition of the butter at the time it was sold to the' defendant three and one-half months before its seizure, where the facts were all in dispute.</p>