LESSARD v. SMITH

No. 33009.

45 Wn.2d 473 (1954)

275 P.2d 730

VERNE LESSARD et al., Respondents, v. W.A. SMITH et al., Appellants.

The Supreme Court of Washington, Department One.

October 29, 1954.


Attorney(s) appearing for the Case

A.J. Hutton, for appellants.

E.A. Niemeier, for respondents.


OLSON, J.

Can a chattel mortgagee who takes possession of the mortgaged property with the consent of the mortgagor, obtain a deficiency judgment measured by the difference between the amount of the note secured by the mortgage and the proceeds of a private sale of the mortgaged property, where the mortgagor does not know of or consent to that sale?

The trial court answered this question in the affirmative, and entered...

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