Park v. Mighell
Washington Supreme Court
Appeal from Superior Court, Pierce County. Action by R. J. Park against Mighell & Richards to re-cover $758.96 as commissions for safes sold by plaintiff for -defendants, as their agent and salesman. Plaintiff attached defendants’ stock of safes at Tacoma, and to release sáid attachments defendants gave bond, with Charles Wilson and H. O. Piercy as sureties.
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Appeal from Superior Court, Pierce County. Action by R. J. Park against Mighell & Richards to re-cover $758.96 as commissions for safes sold by plaintiff for -defendants, as their agent and salesman. Plaintiff attached defendants’ stock of safes at Tacoma, and to release sáid attachments defendants gave bond, with Charles Wilson and H. O. Piercy as sureties. The cause was tried before a court commissioner, and upon his report the court gave judgment for plaintiff in the sum of $300. Defendants appeal.
1Opinion of the Court
'The opinion of the court was delivered by
Stiles, J.
The respondent insists that this is an action for money bad and received, but we do not so view it. The money received by the appellants from the purchaser of each safe belonged to them, and their relation to respondent-was that of debtors for his earned commissions. The allegations to the effect that appellants had collected certain .sums, the proceeds of sales made by respondent, and ap*739propriated them to their own use, did not charge a conversion. It was all their money, and they had a right to appropriate it. These allegations need not…
2Cited by6 opinions
- Greer v. AndrewSupreme Court of Georgia · 1909
- Park v. MighellWashington Supreme Court · 1893
- Pollock v. HornWashington Supreme Court · 1896
- Waller v. HeinrichsWashington Supreme Court · 1925
- Klein Manufacturing Co. v. MorganNebraska Supreme Court · 1922
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