Seattle Brewing & Malting Co. v. Donofrio

Citations

• 34 Wash. 18
• 74 P. 823
• 1904 Wash. LEXIS 304

Syllabus

<p>Compromise- — -Sale oe Goods in Settlement oe Account — Failure to Agree — Abandonment and Return oe Goods. Where upon the settlement of an account by the purchase of the debtor’s property, the balance of the purchase price is agreed upon, and the property is actually transferred, the debtor can not claim that the testimony conclusively shows a settlement, when it further appears that, upon coming to close the sale, the parties could not agree upon the parties to whom the balance due on the purchase price should be paid, and the creditor thereupon abandoned the settlement and returned the property to the person from whom it was received.</p> <p>Same- — Sale oe Stock of Goods in Bulk — Payment of Creditors. Upon the settlement of an account by the sale to the credit- or of the debtor’s entire stock of goods and fixtures of a saloon business, where the vendor was also indebted to others the purchaser is justified in refusing to carry out the settlement unless the balance due on the purchase price is applied to the payment of the other debts, in accordance with the law relating to the sale of stocks of goods in bulk.</p> <p>Compromise — Sale—Abandonment—Agent’s Authority to Accept Return of Goods. Where, immediately upon the abandonment of a settlement whereby the creditor was to purchase the debtor’s goods, the creditor returns the goods to the debtor’s nephew, from whom they were received, and who was in charge of the business at the time of the settlement, there is sufficient evidence to support the finding of the jury that the nephew was the debtor’s agent for the purpose of accepting a return of the goods.</p> <p>Verdict — Amount oe Assessment Favorable to Appellant— Right to Allege Error. Where a verdict for the plaintiff is less than the amount conceded to be due, if anything at all is due, the error is not prejudicial to the defendant, and he can not complain that it does not conform to the evidence.</p>