Washington Reports Volume 92

Washington Reports Volume 92

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... No demand was ever made by appellant upon respondent for any sum due upon the guaranty contract until November 15, 1913, over two years after the last goods were sold by appellant. The foregoing summary of facts, we think, is as fair to appellant as can be made from the record of the evidence before us. The trial court having made findings in substance as above summarized, concluded in part as follows: "That such goods as were sold after February 6, 1911, and beginning February 10, 1911, were sold to the representatives of the creditors. "That Kegley's Bee Hive Store was to all intents and pur poses in the hands of a receiver from the 7th day of February, 1911, until its final dissolution. Aug. 1916 Opinion Per PARKER, J. "That the guaranty was not accepted or acted upon by plaintiff." It is contended in appellant's behalf that the trial court erred in concluding that the goods sold by appellant after February 6, 1911, were in effect sold to the representatives of the creditors and not to the store under the management of its own ofiicers in reliance upon the guaranty contract. This, in its final analysis, becomes a question of fact; that is, was the store, after February 6, 1911, under the control and management of its ofiicers, or was it then under the control and management of representatives of its creditors? It is true that its manager, Lester E. Hamilton, continued to assist in the conduct of the business; but it is also true, we think, that he did not have control of the business and was not acting other than for the creditors, and that he was. subject to the order and direction of the representatives of the creditors'. Indeed, it seems plain that the creditors, including appellant, would...show more

Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236861043
  • 9781236861047