This section contains the nature of the case and procedural background.

Case owned a repossessed tractor located in the woods near Morton, Washington. In the middle of February 1972, Thompson (D) phoned Case’s credit supervisor, Henderson, about the tractor. D agreed to buy the tractor for $1,000 as is. D was to pick up the tractor in the woods and pay the purchase price in cash. D got the tractor and took it to Oregon. There was a dispute about when D picked up the tractor with D claiming the middle of March and Henderson claiming the end of March. Petersen (P) called Henderson about buying the same tractor around March 10-12th. At trial, Henderson testified that he assumed D was no longer interested in the unit as he had heard nothing. Henderson agreed to sell the unit to P. P sued to recover possession of the tractor from D. At the close of P’s case the trial court granted D’s motion for a nonsuit. P appealed.

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