Miller v. Whitaker

Plaintiff brought this action to recover the unpaid purchase price due on a conditional sales contract for the sale of a tavern situate in Bremerton, Washington. The contract was executed at Bremerton. Plaintiff was the assignor of the original seller and defendant was the buyer. Defendant did not deny the debt, but claimed that by the terms of the contract plaintiff’s only remedy was to retake possession of the property sold by the contract. The case was tried to the court without a jury. After trial, findings, conclusions and a judgment were entered in favor of defendant. Plaintiff moved…