Ransom v. Wickstrom & Co.

Citations

• 84 Wash. 419
• 146 P. 1041
• 1915 Wash. LEXIS 804

Syllabus

<p>Appeal — Preservation op Grounds — Capacity to Sue — Waiver op Objection. The objection that a corporation, appearing as an adverse claimant to property levied upon, had not paid its annual license fee, is waived if not raised below by demurrer, answer or reply; and it is not raised by motion for a new trial in the absence of a showing that the objection was advanced at that time.</p> <p>Sales — Conditional Sales — Agency Contract. A contract providing that the title to an automobile should be vested in an agent for the purpose of facilitating the agent’s making repairs and effecting a sale of the car on commission, a joint possession being maintained, is not a conditional sales contract that must be recorded, but merely a contract creating an agency.</p> <p>Principal and Agent — Dealings Between — Contracts—Title op Principal- — Rights op Third Person. A contract providing that the title to an automobile should be vested in an agent for the purpose of facilitating the agent’s making repairs and effecting a sale of the car on commission, and the bill of sale pursuant thereto, does not divest the owner of his interest, or make the car subject to execution for the debts of the agent; nor does the subsequent bill of sale merge the original contract.</p> <p>Execution — Interests Appected. An execution runs only against the real and not the apparent interest of the judgment debtor.</p> <p>Same — Sale—Bona Fide Purchaser. An execution creditor purchasing at his own sale is not a tona fide purchaser, within the recording acts.</p> <p>Evidence — Parol Evidence — To Vary Whiting — Estoppel—Mutuality. Estoppels to vary a written instrument by parol evidence must be mutual; and not applying to a third person not a party to the contract, they cannot be asserted by him against such party.</p> <p>Same — Parol Evidence to Vary Writing — Third Persons. Where a principal gave his agent a bill of sale of an automobile for the special purpose of making repairs and effecting a sale