Pacific Lounge & Mattress Co. v. Rudebeck

Citations

• 15 Wash. 336
• 46 P. 392
• 1896 Wash. LEXIS 192

Syllabus

<p>SALE — WHEN TITLE PASSES — INTENTION — REPLEVIN.</p> <p>In determining whether title has or has not passed by a contract of sale, the primary test is one of intention, and, if that is manifested clearly and unequivocally, it controls.</p> <p>Where goods have been sold to a purchaser in consideration of an antecedent debt due him from the seller, although nothing in furtherance of the sale beyond the manifest intention of the parties to pass title has been done, replevin will lie at the instance of the purchaser against a third party, who holds the goods under a lease from the seller, which has been violated.</p>