Richter v. Buchanan

Citations

• 48 Wash. 32
• 92 P. 782
• 1907 Wash. LEXIS 850

Syllabus

<p>Chattel Mortgages — Nature—Title—Possession. Possession by the mortgagee oí chattels, under a stipulation therefor in the mortgage, does not change the rule in this state that the legal title remains in the mortgagor.</p> <p>Same — Power of Sale — Construction. A power of sale in a chattel mortgage, authorizing the mortgagee to sell at retail, does not authorize a sale in bulk of stock remaining after a partial sale at retail.</p> <p>Same — Unauthorized Sale — Conversion—Damages. A mortgagee in possession of chattels, who was empowered by the mortgage to sell the goods at retail, is guilty of a conversion in selling in hulk; and is liable in damages to the mortgagor, for the value of the property over and above the mortgage debt.</p>