National Cash Register Co. v. Wapples

Citations

• 52 Wash. 657
• 101 P. 227
• 1909 Wash. LEXIS 1172

Syllabus

<p>Sales — Conditional Sales — Transfer While Vendee in Arrears —Rights of Subsequent Purchasers — Default—Waiver—Replevin —Tender After Suit Brought. The purchaser of a cash register, from a conditional vendee who was in arrears at the time, takes the right and title of such vendee, where no default had been declared and the contract did not stipulate against assignment, and he may tender the balance due, with interest and costs, after suit brought, and thereby defeat an action of replevin; since the provision that the title is to remain in the vendor until the last installment is paid, with the right to retake the property, is for the benefit of the vendor, and is waived where time is not made of the essence and payments are accepted after maturity and no default declared.</p>