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Resolving Ambiguities Against The Conditional Sale, Lucile Lomen

Washington Law Review

As a financing device, the conditional sales agreement has become very popular, but there are many legal problems arising from its use which are pitfalls for the unwary draftsman. There is a lack of harmony among the several jurisdictions as to the meaning of the term "conditional sale" and as to its incidents, once such a device is found. In several cases the Washington court has indicated a hostility to this form of financing, holding a purported conditional sales agreement to be a chattel mortgage. It is important then to have a clear understanding of the limitations of the conditional …