Croft & Allen Co. v. Franklin Baker Co.

Citations

• 273 Pa. 298
• 117 A. 58
• 1922 Pa. LEXIS 568

Syllabus

<p>Contract — Assignment of contract — Repayment of consideration for assignment — Statement of claim — Sale—Time for delivery — Pleading—Practice, C. P.</p> <p>Where a purchaser of goods, under contracts which specify time for delivery, assigns his interest in the contracts, specifying in the assignment the time for delivery as set forth in the contracts, and further providing that “if for any reason” the seller defaults in delivery, under the contracts with the assignor, the latter shall repay the money paid to him for the assignment, the assignee, in a suit based on failure of delivery against the assignor for the money paid, need not attach the original contracts to the statement of claim, inasmuch as the suit is based solely on the terms and conditions of the assignment, and there is nothing in the original contracts controlling the return of the consideration.</p>