title:
Chas H Dodd & Co, Plaintiff in error vs Archer S Bowles, Sheriff of Walla Walla County, E E Roberts, A Sommer and D Sommer, and Defendants in error
creator:
Archer S. Bowles
creator:
E. E. Roberts
creator:
A. Sommer
creator:
D. Sommer
contributor:
B. L. Sharpstein
contributor:
J. L. Sharpstein
contributor:
C. B Upton
contributor:
W. H. Upton
date:
1888-01-01
publisher:
Supreme Court of the Territory of Washington
type:
Civil
subject:
Contracts
language:
eng
format:
application/pdf
description:
Prior History: ERROR to the District Court holding terms at Walla Walla. First District.The appellants, Charles H. Dodd and Co., entered into a contract to sell certain farm machinery, which contract is set out in full in the opinion of the court, to certain parties named Fillmore and Davenport. The contract consisted of several notes signed by said Fillmore and Davenport aggregating $ 2,100. Each of the notes provided for the sale of the machinery by said appellants to Fillmore and Davenport, after the payment of said notes in full by the purchasers, and that until such payment the legal title to said machinery should remain in the appellants, to all of which the purchasers assented, and thereupon possession of the property was given to the purchasers. The agreement was made and to be performed in the state of Oregon. Subsequently the purchasers brought the property to this territory, and while here the appellees attached the same under a writ of attachment upon a debt due them from the purchasers. None of the contracts of sale were ever recorded. Thereupon the appellants made claim to the property under chapter 33 of the Code. Thereupon, a jury being waived, the cause was tried by the court upon a stipulated statement of facts, which appears in the opinion of the court. The court found against the appellants, and rendered judgment for the value of the property against them, from which they appealed. Sale – Conditional – Effect of – A contract for the sale of property, by the terms of which the legal title remains in the vendor until the payment of purchase price and interest, although the possession goes to the vendee, is good and valid not only against the parties to the transaction, but also against attaching creditors of the vendee. (St. Germain v. Wind, 3 Wash. 189, reaffirmed.)
relation:
Dodd v. Bowles, 3 Wash. Terr. 383 (1888)
relation:
19 P. 156
relation:
Dodd v. Bowles, 3 Wash. Terr. 11 (1887)
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf