Sunel v. Riggs

Citations

• 93 Wash. 314
• 160 P. 950
• 1916 Wash. LEXIS 1198

Syllabus

<p>Sales — Conditional Sales — “Signed”—Recording. An order for the purchase of a safe, addressed to the vendor, signed by both parties, with the condition that the title shall not pass until the safe is fully paid for, recorded as a conditional sales contract, is good as between the parties.</p> <p>Same — Conditional Sales — “Creditors”—Assignee. Under Rem. & Bal. Code, § 3670, providing that unconditional sales contracts shall be absolute as to subsequent creditors in good faith unless the contract is filed, means those creditors who have acquired some form of lien on the property; hence does not apply to an assignee for the benefit of unsecured subsequent general creditors.</p> <p>Same — Conditional Sales- — Retaking Possession. Where a conditional sales contract is valid as between the parties, the seller, on default in payments, may retake the property at any time. .</p> <p>Same — Conditional Sales — Bona Fide Purchaser. An assignee for the benefit of creditors who was informed of a conditional sales contract, valid as between the parties, is not a bona fide purchaser.</p> <p>Same. In such case the purchaser from the assignee is not a bona fide purchaser, when the safe was not in the assignee’s possession but had been retaken by the seller.</p>