Meyers v. Gerhart

Citations

• 54 Wash. 657
• 103 P. 1114
• 1909 Wash. LEXIS 1053

Syllabus

<p>Replevin — Accession—Loos—Change or Form — Good Faith. Replevin does not lie for the product of sawlogs cut into lumber and commingled by an innocent purchaser with its own property, without notice that the vendor had trespassed and cut the logs on plaintiff’s land.</p> <p>Principal and Agent — Notice to Agent — Imputed Knowledge. Knowledge of the vendor’s servant that logs sold had been wilfully cut and converted by the vendor, cannot be imputed to the Vendee from the fact that the vendee afterwards employed the same servant to take out part of the logs, the knowledge having been acquired in the service of the vendor and not communicated to the vendee.</p> <p>Replevin — Accession — Logs — Loss or Identity — Laches or Owner. Where the owner of converted logs stood by without making any claim until after they were manufactured into lumber and sold by an innocent purchaser, he cannot maintain replevin for the product, or for a like quantity of other product.</p> <p>Replevin — Relief — Issues — Fatal Variance — Conversion. An action of replevin must fail when the plaintiff fails to show that the property is wrongfully detained by the defendant, and incidental relief cannot be given upon showing a conversion, as that would be a fatal variance.</p>