Frye & Co. v. Boltman

Tolman, J. —

This is an action in replevin for the recovery of a team of horses. The case was tried to the court sitting without a jury, on an agreed statement' of facts, resulting in a judgment of dismissal. The plaintiff has appealed from that judgment.

It appears that the appellant was the owner and in possession of the horses in question and had them at its stockyards i in Seattle for sale. On November 28, 1933, the defendant Clifford Gray (who was not served and did not appear in the action) appeared, examined the horses^ and expressed a desire to buy at the price named to him. He then…