Peterson v. Chess

Citations

• 92 Wash. 682
• 159 P. 894
• 1916 Wash. LEXIS 822

Syllabus

<p>Saxes — Conditional Sales — Damages to Property — Rights oe Vendee. The vendee of a motorcycle under a conditional hill of sale has no title and cannot recover for damages to the machine, even to the extent of the purchase price paid, although there was no direct evidence that the contract was forfeited, where it appears that he had no interest at the time his suit was commenced or the time of the trial and the vendors had taken possession after the accident.</p> <p>Appeal — Review—Prejudicial Error — Remission oe Damages. In an action for damages sustained in a collision, error in allowing recovery for damages to a motorcycle not owned by plaintiff cannot be cured by a remission from the verdict, where the evidence as to the amount of such damage was conflicting and there was no way of determining the amount allowed therefor, if any.</p> <p>Appeal — Review—Verdict. A verdict upon conflicting evidence will not be disturbed because it may seem against the greater weight of the evidence.</p>