(Download) "Schrock V. Gillingham" by Department Two Supreme Court of Washington ~ eBook PDF Kindle ePub Free
eBook details
- Title: Schrock V. Gillingham
- Author : Department Two Supreme Court of Washington
- Release Date : January 22, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is the third time in a little more than two years in which we have had before us the question of who sustains the loss, as between the purchaser and seller of real property, when a third party handling the transaction embezzles the money received from the purchaser instead of delivering it to the seller. In each of the two prior cases, Lieb v. Webster, 30 Wash. 2d 43, 190 P.2d 701, and Angell v. Ingram, 35 Wash. 2d 582, 213 P.2d 944, the loss has fallen upon the purchaser, not because he was the purchaser but because he had executed escrow instructions directing the third party not to deliver the money to the seller until certain conditions had been performed by the seller. Before these conditions were met, the third party embezzled the money; and the loss fell upon the purchaser because, at the time of the embezzlement, the third party was holding the money pursuant to the purchaser's instructions and the seller was not entitled to receive it. The latter of these cases was decided only a few days before the instant case was argued in this court; but the Lieb case had been decided prior to the trial of the instant case, and the trial court applied the rule laid down therein and endeavored to determine whose agent the defaulting third party was at the time he embezzled each of the three different payments involved in the instant case.
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