Frech v. Lewis

Citations

• 218 Pa. 141
• 67 A. 45
• 1907 Pa. LEXIS 467

Syllabus

<p>Contract-Sale-Delivery-Bale for cash</p> <p>Where the contract of sale provides for payment of the purchase price on delivery of the articles sold, and the seller delivers the goods but the buyer fails to pay, the right of property does not pass to the buyer with the possession, but remains with the seller, who may at his option reclaim the goods. The right to reclaim the goods, however, must follow the buyer's default as promptly as the situation of the parties and the circumstances of the case will allow.</p> <p>In such a case reliance upon a subsequent promise to pay that leads the seller to refrain from asserting his rights to retake the property, is in itself a waiver of the right, and makes absolute a delivery which in the first instance was conditional. The seller's only remedy is against the buyer as a debtor.</p> <p>Fraud and artifice practiced by the buyer may excuse delay in attempting a recovery of property after delivery, but not mistaken confidence reposed in the buyer's promises.</p>