Madden's basic contentions in the trial court and here on appeal are: (a) That the truck was sold to Herzog, not to Simmons Motors (b) that it was understood title to the truck would not pass until the check was cleared. After Simmons Motors went into bankruptcy, Madden sued Herzog for the purchase price of the truck. He claims that someone at the bank advised him to sit tight for a few days and the matter would be worked out. Madden redeposited the check, and again it was returned *668 unpaid because of insufficient funds. He was told there had been a mix-up of some kind, and it was suggested that the check be deposited again. Thereafter, Madden telephoned the Simmons Motors. In due course, the check was returned to Madden, marked unpaid because of insufficient funds in the account of drawer. Teel turned the check over to Paul Madden, who deposited it in his bank a couple of days later. Simmons sold and assigned the conditional sales contract to the National Bank of Washington. A conditional sales contract was executed between Simmons Motors, as vendor, and Herzog, as vendee. He returned to Bremerton and delivered the certificate of title to Mr. The certificate of title to the truck, endorsed in blank, was turned over to Mr. Herzog returned to Seattle on the following Monday or Tuesday with a check, drawn on the Simmons Motors, payable to Paul Madden, which was turned over to Mr. Simmons to finance the purchase of the truck. There, he worked out arrangements with Mr. Herzog was allowed to drive the truck to Bremerton and to keep it over the week end. Madden, the price of the truck was reduced to $1,225. He was advised that they would finance only seven or eight hundred dollars of the amount required.
Herzog inquired whether University Motors would finance the deal.
Teel suggested that his brother-in-law, Paul Madden, had a truck for sale for $1,250, which might be suitable, but that the sale would have to be made on the basis of cash or a certified check. The University Motors had no trucks suitable for Mr. Shortly thereafter, Herzog went to the University Motors in Seattle, and talked with salesmen Roland Hyatt and Ward Teel. Herzog expressed the desire to look for a suitable truck in Seattle, with the understanding that its purchase would be financed by Mr. Simmons had no truck suitable for Herzog's particular needs. Simmons, Jr., d/b/a Simmons Motors (Packard Sales Service) at Bremerton. Defendant Ken Herzog wished to acquire a truck. It covered the purchase price of the truck. The check was drawn by Simmons Motors with Madden designated payee. The second closely related question is whether title to the truck was reserved in Madden, pending payment of a check tendered to Madden's agent (automobile salesman Teel) by Herzog. The first question is whether the sale of the truck was to Herzog, making him Madden's debtor, or whether the sale was to Simmons Motors, of Bremerton, Washington (now bankrupt), making the bankrupt firm Madden's debtor. On stipulation of the parties during the pendency of this appeal, the action was dismissed as to the bank.
Plaintiff, Paul Madden, instituted this lawsuit designed to obtain from defendant Herzog the purchase price of a certain truck or, in the alternative, to have the court declare that Madden had a lien on the truck superior to any that might be asserted by the National Bank of Washington. The Supreme Court of Washington, Department Two.
0 kommentar(er)
