Davies v. Oxenreider

Citations

• 43 Pa. Super. 501
• 1910 Pa. Super. LEXIS 81

Syllabus

<p>Contract — Sale—Intention—Delivery—Province of court and jury.</p> <p>1. When a purchase of personal property is made in good faith a fair and honest purpose of the vendor and the vendee will not be defeated, if the conduct of the parties shows that there was an intention to transfer the possession as well as the title, and the vendee assumes such control of the property as ought reasonably to indicate a change of ownership.</p> <p>2. Whether the sale was made in good faith or was colorable and whether the change of possession was all that could reasonably be expected of the vendor, and was in fact made by the parties to the transaction, taking into consideration the character and situation of the property, are questions of fact to be determined by the jury.</p> <p>3. While the delivery of a bill of sale is not a delivery of the property and such transaction is not a sale, if it is not so intended by the parties, strangers have a right to inquire into the transaction and to have it fully explained.</p> <p>4. A tenant owed his landlord for money advanced to purchase farm implements; subsequently he executed a bill of sale for the implements, vesting in the landlord their absolute ownership. Before all of the advances were repaid he rented a farm in another township, and the new landlord paid the first landlord the balance due on the bill of sale, and took an assignment of it. The implements were then removed to the other farm. Prior to the original execution of the bill of sale the tenant had given judgment notes to relatives. The second landlord did not know of the existence of these notes, and judgments were not entered upon them until after the assignment of the bill of sale, and the open removal of the implements from the one farm to the other. Held, that the question of the sufficiency of the delivery and the good faith of the transaction was for the jury.</p>