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· 12/12/1912

United Iron Works v. Hurley Mason Co.

Citations

  • 71 Wash. 275
  • 128 P. 209
  • 1912 Wash. LEXIS 734

Syllabus

<p>Damages — Injury to Property — Evidence—Sueeiciency. It is error to grant a nonsuit in an action for damages to property, where it appears that defendant wrongfully took possession of new machinery without the consent of a conditional sales vendee, after being informed of plaintiff’s title, and afterwards delivered it to the plaintiff in a worn out condition by reason of abuse and use; and it is not necessary that plaintiff show the exact damages alleged in the complaint.</p> <p>Actions — Conditions Precedent — -Demand. Demand is not a condition precedent to an action for damages to property wrongfully taken without the consent of the owner.</p> <p>Evidence — Parol Evidence — Ownership oe Personal Property. Title to personal property may be shown by parol evidence.</p>

Judges: Fullerton

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