Shepard v. Wexler

Citations

• 99 Wash. 610
• 170 P. 133
• 1918 Wash. LEXIS 680

Syllabus

<p>Sales — Conditional Sales — Remedies of Selles — Action foe Possession. Where, upon failure to pay for a pump, the seller brought an action to recover possession under the terms of- the contract, attached to and made a part' of the complaint, the action is upon the contract and not for a rescission thereof.</p> <p>Sales—Conditional Sales—Rights of Purchases. Upon salé of a pump by conditional sales contract retaining title in the vendor, if the pump failed to meet the warranty and no part of the purchase price was paid, the vendee must either surrender possession or accept it and avail himself of rights for breach of warranty.</p> <p>Sales—Conditional Sales—Remedies of Vendor—Defenses. Under a conditional sales contract for a pump requiring the vendee to pay freight charges and charge to the account of the' seller, the seller is not in default by reason of the vendee’s payment of freight and such payment is not a defense to an action of replevin brought by the vendor upon the vendee’s failure to accept the pump or pay the price.</p>