Gooden v. Hunter

— On April 1, 1954, the plaintiffs, as purchasers, and the defendants, as sellers, executed a written contract for the sale of a commercial fishing boat. The contract contained an express warranty that the boat was “ready to fish,” and provided for the payment of the sale price, $12,500, in the following manner: (1) Certain real property, described in the contract and valued by the parties at $7,000, was to be conveyed to the defendants as a “down payment”; (2) the plaintiffs were to pay the remaining $5,500 to the Puget Sound National Bank of Tacoma, holder of a chattel mortgage on the boat.…