Whiting Manufacturing Co. v. Gephart

Citations

• 6 Wash. 615
• 34 P. 161
• 1893 Wash. LEXIS 349

Syllabus

<p>SALE — BILL OF SALE — RECORDING — RESCISSION.</p> <p>Under §1434, Gen. Stat., no sale of personal property is valid as against existing creditors or innocent purchasers, where the property is left in the possession of the vendor, unless such sale be evidenced by a memorandum in writing, and such memorandum be recorded in the auditor’s office of the county in which the property is situated within ten days after such sale.</p> <p>Where there has been an absolute delivery of goods under a contract of sale, thus resting title in the purchaser, and he has sold a portion of the goods, an agreement to return the remaining goods to the original owner does not amount to a rescission of the original contract of sale, but to a re-sale of the goods, and is void as to creditors, when there is no delivery of possession nor any bill of sale executed and recorded.</p>