Legal Opinion

Union Machinery & Supply Co. v. Thompson

Washington Supreme Court

Decided August 29, 1917No. 14077PublishedCited by 5 opinions

Appeal from a judgment of the superior court for Kitsap county, French, J., entered November 11, 1916, upon sustaining a demurrer to the complaint, dismissing an action in replevin.

1Opinion of the CourtMain, J.

The purpose of this action was to recover possession of two donkey engines, which had been sold by the plaintiff to the defendant upon a conditional sale contract. The complaint is in the usual form in such cases, with a copy of the contract attached and, by appropriate reference, made a part thereof. To this complaint, a demurrer was interposed and sustained. The plaintiff refused to plead further and elected to stand upon its complaint. Thereupon a judgment was entered dismissing the action, from which this appeal is prosecuted.

The facts as alleged in the complaint will be here stated only…

2Cases cited5 opinions

  1. Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
  2. Allen & Gilbert-Ramaker Co. v. Canadian Pacific Railway Co.Washington Supreme Court · 1906
  3. Mishawaka Woolen Manufacturing Co. v. StantonMichigan Supreme Court · 1915
  4. Malone v. Minnesota Stone Co.Supreme Court of Minnesota · 1887
  5. McCune v. McCuneSupreme Court of Missouri · 1859

3Cited by5 opinions

  1. Lundberg v. SwitzerWashington Supreme Court · 1928
  2. In Re HalfertyCourt of Appeals for the Seventh Circuit · 1943
  3. Lindley & Co. v. Piggly Wiggly Nevada Co.Nevada Supreme Court · 1935
  4. Braden v. Bucyrus-Erie Co.Court of Appeals for the Seventh Circuit · 1943
  5. Pacific Finance Corp. v. EllithorpeOregon Supreme Court · 1930

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