Triplett v. Bergman

Citations

• 82 Wash. 639
• 144 P. 899
• 1914 Wash. LEXIS 1556

Syllabus

<p>Execution — Sales — Vacation — Inadequacy of Price — Fraudulent and Unfair Methods. Where a judgment for costs in the sum of $132 was granted a corporation against certain minority stockholders, and in the interests of majority stockholders, who desired to wipe out the minority interest for a nominal sum, the judgment was assigned to a third person who brought suit against the minority stockholders on the judgment and garnisheed their stock, whereupon the stock of defendants was sold on execution at a grossly inadequate price, and the defendants, immediately on hearing.of the sale, attacked the sale as for an inadequate price and tendered the amount of the judgment, upon the principle that the law requires and will hold men to a just standard of right when seeking aid in the courts, the circumstances vested the trial court with a discretionary power to set aside the sale, which will not be controlled where it appears that the sale would outrage the rights of the judgment debtor.</p>