World Finance Co. v. Westlake Garage Co.

Citations

• 115 Wash. 45
• 196 P. 586
• 1921 Wash. LEXIS 689

Syllabus

<p>Appeal (385)—Review—Error Invited by Appellant. Defendant in an action of replevin cannot allege error in changing the form of the action to an equitable one and foreclosing the lien of a chattel mortgage, where defendant invited the error by setting up the chattel mortgage in his answer and prayed an .adjudication of the amount due.</p> <p>Replevin .(13)—Conditions Precedent—Demand. Proof of a demand in replevin is not necessary where defendant denies plaintiff’s title and claims ownership himself.</p> <p>Usury (7, 17)-—Discounts—Evidence—Sufficiency. A party purchasing a conditional bill of sale, intended as a mortgage, at a discount, and taking out a new bill of sale in its own name to more fully protect itself, is not thereby guilty of a fraud in exacting usurious interest on the sum it paid on discounting the original mortgage.</p>