Clothier v. Braithwaite

Citations

• 22 Pa. Super. 521
• 1903 Pa. Super. LEXIS 256

Syllabus

<p>Landlord and tenant—Distress—Bailment— Goods sold on commission.</p> <p>Where the owner of a stock of merchandise places the same in the hands of an agent or trustee, who is also a dealer, in trust to sell at not less than certain fixed pricés, and to account to the owner for the proceeds, the owner reserving the right to terminate the arrangement and take back the unsold goods at any time, if the agent or trustee does not perform his duties satisfactorily to the owner, the compensation of the dealer to be measured by the excess for which he sells the goods over the prices fixed in the agreement, such goods are not subject to distress for rent of the premises on which the agent or trustee conducts the business of selling them; and this is the case although the trustee or agent sells goods of his own, and does not sell goods on commission for any other person.</p>