Winton Motor Carriage Co. v. Broadway Automobile Co.

Citations

• 65 Wash. 650
• 118 P. 817
• 1911 Wash. LEXIS 990

Syllabus

<p>Sales — Conditional Sales — Remedies of Seller — Election— Transfer of Note for Balance Due — -Effect. Where, upon the conditional sale of an automobile, the seller takes á contemporaneous promissory note for the balance due, which does not refer to the contract or sale, and indorses the note to a bank as collateral security for a loan, he thereby makes an irrevocable election to waive the conditions of the sale, which results in passing absolute title to the automobile to the purchaser, and no title passes to the bank; and the subsequent taking up of the note does not alter the rights of the parties or entitle the seller to retake the automobile for condition broken.</p>