Stewart & Holmes Drug Co. v. Reed

Citations

• 74 Wash. 401
• 133 P. 577
• 1913 Wash. LEXIS 2068

Syllabus

<p>Sales — Conditional Sales — Retaking Pboperty — Evidence—Stjeeiciency. Findings that the vendor of a soda fountain under a conditional sales contract had elected to retake the same and cancel the debt, are sustained where it appears that shortly after the vendee had sold out his business to a third party, the vendor attempted to sell it to such third party, and made arrangements to have it boxed up and shipped back, and delayed for some time making claim upon such third party for its price as a garnishee under the sales-in-bulk act, until the garnishee had paid up the vendee in full.</p> <p>Same — Retaking Pbopebty — Election. An election by the vendor to retake property conditionally sold, finally precludes the assertion of remedies under the contract; and the election may be invoked by a third person in defense of the assertion of such remedies against him.</p> <p>Fraudulent Conveyances — Sales-in-Bulk—Creditors—Conditional Vendors — Notice. The vendor in a conditional sales contract, who has not elected to retake the property and cancel the debt, is protected as a creditor under the sales-in-bulk act where his vendee makes a sale of goods in bulk without complying with the act, and it is not necessary that he give notice to the fraudulent vendee that he intends to rely upon the statute.</p>