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IN RE SPENCER'S, INC.

No. 36063.

61 Wn.2d 267 (1963)

377 P.2d 880

In the Matter of the Receivership of SPENCER'S, INC. GRAND AVENUE SUPER MARKET, INC., Appellant, v. TAX COMMISSION OF THE STATE OF WASHINGTON, Respondent.

The Supreme Court of Washington, Department Two.

January 17, 1963.

Attorney(s) appearing for the Case

Robinson, Landerholm & Memovich, for appellant.

The Attorney General, John W. Riley, Deputy, and Scheiber, Schaefer & Wynne (Virgil Scheiber, of counsel), for respondent.

HAMILTON, J.

This is an appeal from an order determining preference as to the principal assets of Spencer's, Inc., an insolvent corporation. Appellant, Grand Avenue Super Market, Inc., as conditional vendor, and the Tax Commission of the State of Washington, as a subsequent creditor, each claim priority.

The issue of preference between the claimants depends upon the application of RCW 63.12.010, which provides, inter alia:

"All conditional sales...

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