Robert Morton Organ Co. v. Armour

The Robert Morton Organ Co., as vendor, brought an action against the successors in interest of the vendee to recover possession of an organ sold by the plaintiff vendor to the “Montesano Theatre Corp.,” a copartnership, under a conditional sale agreement. The defense interposed was that the plaintiff’s presentation of its claim against the estate of a deceased member of the copartnership “was an election to hold the estate and waive all interest in the property, in which event the title to the property became absolute in the vendee,” and the subsequent purchasers bought the property free and…