Collings Tailor Co. v. Appenzellar

Citations

• 42 Pa. Super. 414
• 1910 Pa. Super. LEXIS 343

Syllabus

<p>Contract — Sales—Rescission—Insolvency of purchaser.</p> <p>In an action of replevin by the seller of goods against the receiver of the purchaser, an insolvent corporation, the plaintiffs are not entitled to recover where it appears that the goods were ordered honestly; that before they were delivered the corporation knew that a bill in equity had been prepared and would be presented with a request for the appointment of a receiver, and that the company would make no defense thereto but would admit the truth of the allegation of the bill; that at the time it received the goods the company knew that it would be unable to continue business; and that the company did not disclose these facts to the plaintiffs who were wholly ignorant of them, although, no fraud, misrepresentations or collusion had been practiced.</p>