Vergonis v. Vaseleou

Citations

• 105 Wash. 441
• 178 P. 463
• 1919 Wash. LEXIS 599

Syllabus

<p>Appeal (117)—Preservation op Grounds—Objections to Complaint. In an action to recover goods conditionally sold, objection that the complaint did not tender, for surrender and cancellation, the notes given for the purchase price cannot be first made on appeal, where the notes were introduced in evidence and cancelled by the judgment.</p> <p>Tender (7)-—Conditions—Conditional Sales Contract. A tender of the sum due on a conditional sales contract, conditioned on receiving an absolute conveyance of the property, is insufficient, where payment was a condition precedent to passing title, and the contract provided that title should be absolute on full payment and did not contemplate any additional conveyance.</p> <p>Same (4)—Mode and Sufficiency—Payment Into Court. After suit brought, it is not a sufficient tender to leave money with a third person to be handed to’plaintiff’s attorney, and in the case of a legal action, to fail to bring the money into court.</p>