Grand Avenue Super Market, Inc. v. Tax Commission

This is an appeal from an order determining preference as to the principal assets of Spencer’s, Inc., an insolvent corporation. Appellant, Grand Avenue Super Market, Inc., as conditional vendor, and the Tax Commission of the State of Washington, as a subsequent creditor, each claim priority.

The issue of preference between the claimants depends upon the application of RCW 63.12.010, which provides, inter alia:

“All conditional sales of personal property, or leases thereof, containing a conditional right to purchase, where the property is placed in the possession of the vendee, shall be absolute…