Doverspike v. Jewart

Citations

• 2 Pa. Super. 313
• 1896 Pa. Super. LEXIS 57

Syllabus

<p>Sales — Vendor and vendee — Delivery—Title to logs in raft.</p> <p>Where one engaged in business of cutting and selling logs from his own land agreed to deliver to another two rafts of logs at the mouth of a specified creelc and the amount of timber in each raft was undetermined, most of it mainly uncut and none of it'in the stream, title to the same does not pass to the vendee except upon delivery at the place specified in the agreement.</p> <p>Sales — Payment— Collateral security.</p> <p>Where in such case the vendor sold said rafts, one of them being at the place of delivery but undelivered, the other stranded on rocks some miles up the stream, to one of his creditors, in consideration of an allowance of a credit of the full value of the timber on a judgment note, for a bona fide debt, without notice of the prior agreement for sale, the title of such vendee is good and the rule governing the transfer of personal property, as collateral security, for an antecedent debt cannot possibly apply.</p>