Thomas v. Seattle Brewing & Malting Co.

Citations

• 48 Wash. 560
• 94 P. 116
• 1908 Wash. LEXIS 918

Syllabus

<p>Chattel Mortgages — Payment — Tender After Default. A tender of the amount due on a chattel, mortgage, with costs, made before sale, discharges the lien of the mortgage, pending foreclosure, rendering a sale thereunder void.</p> <p>Tender — Keeping Good — Payment Into Court — Replevin. In an action of claim and delivery for property wrongfully sold under a chattel mortgage, the tender of the amount due on the mortgage before foreclosure sale, entitling the plaintiff to the property, need not be kept good by bringing the money into court.</p> <p>Chattel Mortgages — Tender — Sufficiency. A tender of the amount due on a chattel mortgage before sale, made by one to whom the mortgagor had sold the property, will be held sufficient where the amount was concededly correct and the jury found upon proper instructions that the rights of the party making the tender were disclosed to the officer or mortgagee.</p> <p>Mount, Fullerton, and Root, JJ., dissenting.</p>