Union Machinery & Supply Co. v. McCush

Citations

• 104 Wash. 62
• 175 P. 559
• 1918 Wash. LEXIS 1143

Syllabus

<p>Receivers (36) — Property—Title—Property Conditionally Sold. In replevin against the receiver of an insolvent vendee in a conditional sales contract, the receiver’s wrongful detention of the property after notice of forfeiture of the sales contract and demand for return of the property, subjects the receiver to the legal measure of damages usual in such cases, and not to a contractual measure provided for in the conditional sales agreement, to which the receiver was not a party.</p> <p>Same (36). In such a case, the receiver would not be personally liable for legal expenses contracted for by the seller, in addition to statutory costs and disbursements, nor for the cost of returning the property from its place of detention stipulated for in the bill of sale — since the receiver did not assume the insolvent’s contracts; nor could the same be made preferred claims against the insolvent’s estate.'</p> <p>Appeal (375) — Review—What Reviewed in General. Error in refusing to treat and allow items as claims against an insolvent cannot be urged where there was no request therefor, and no evidence as to the amounts allowable.</p> <p>Sales (182) — Conditional Sales — Default — -Damages for Detention. Damages for detention after default of machinery conditionally sold, cannot be recovered until lapse of a reasonable time for its return.</p> <p>Same (182). Damages stipulated in a conditional sales contract for wrongful detention after demand cannot be allowed as a claim against an insolvent vendee’s estate, where the property has passed into the hands of a receiver and the default was that of the receiver.</p> <p>Receivers (53) — Management of Property — Conditional Sales Contract — Expenses of Litigation. Upon replevin against the receiver of an insolvent vendee in a conditional sales contract, for wrongful detention of the property after demand upon the receiver, the vendee’s estate cannot be charged with the expenses of the litigation.</p> <p>Contracts (41) — Validity—Publ