121 Wash. 145 | Wash. | 1922
The appellant is the manufacturer at Lima, Ohio, of a certain truck bearing its name. Some years ago it made an arrangement with one N. F. Rea, of Tacoma, whereby he was authorized to pur
Sometime in March, 1921, Rea sold the truck to the respondent A. Holroyd for $5,682.50. At the time of the sale the truck was in Eea’s display room. Holroyd paid down a part of the purchase price and gave to Eea his notes covering the balance, and Eea gave to him the usual conditional sales .contract. The truck was then delivered into the possession of Holroyd. Almost at once after the sale Eea assigned to the respondent the Automobile Finance Company of Tacoma, the notes received from Holroyd, and also the conditional sales contract. It appears that Eea did not pay the appellant the balance of the purchase-price for the truck, and because thereof it replevied the machine, which it found in the possession of Holroyd.
The appellant contends that Holroyd paid to the finance company some $2,000 of the purchase price for the truck after the commencement of this suit, and after he had full knowledge of appellant’s claim, and that, in any event, it is entitled to judgment for that sum. This was a replevin suit and in no event would a money judgment of the character requested have been proper; but we consider that Holroyd had a perfect right to pay this money to the finance company, even after he knew of appellant’s claim. The amount paid by him was to discharge his own notes which were then outstanding, and the mere fact that he might at the time of payment, have been acquainted with appellant’s rights would not have justified him in refusing to pay the persons to whom the notes had been assigned.
The judgment is affirmed.
Parker, C. J., Fullerton, Mitchell, and Tolman, JJ., concur.