Robert Morton Organ Co. v. Armour

This action was brought by the vendor 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. Defendants insisted in the trial court, as they contend in this court, that the plaintiff’s presentation of its claim against the estate of the deceased vendee (G. W. Armour) “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 purchaser bought the…