Swartz v. Will Starkey Theaters Co.

Beals, J. —

Prior to July, 1928, defendant Will Starkey Theaters Company, a corporation, was the owner of the “Bex Theater,” a moving picture house operating in the city of Spokane, and during that month agreed to sell the same by contract of conditional sale to C. Gr. Bowman and Jack Hoeft. These purchasers falling behind in payments due under the contract, their vendor, the corporation above named, duping the month of November, 1928, served upon them a notice of forfeiture, upon receipt of which Messrs. Bowman and Hoeft made the payments then delinquent. They, however, again fell behind…