Grim v. Reinbold

Citations

• 148 Pa. 446
• 23 A. 1129
• 1892 Pa. LEXIS 1000

Syllabus

<p>[Marked to be reported.]</p> <p>Sheriff’s sale of personal property — Lumping sale — Fraud.</p> <p>As a general rule in selling personal property under an execution the sheriff should sell in parcels. The practice of making a lumping sale of the property is ordinarily to be condemned.</p> <p>The circumstances may be such that the sheriff in the exercise of a sound discretion is justified in selling the goods as a whole. The object in all cases is that the highest price may be realized and, under some circumstances, this may be best effected by a lumping sale, but such a condition is unusual.</p> <p>Lumping sales — Fraud.</p> <p>Where it appeared that the sheriff under an execution for a debt which had been reduced by payments on account until a balance of $26.00 only remained due, proceeded to sell in lump the entire stock in trade of the defendant, which it was testified was worth at least $1,400 or $1,500, for the sum of $26.00, there being other evidence in the case of an agreement between the purchaser and the defendant that the defendant was to be. given an opportunity to redeem his property, which the purchaser subsequently denied:</p> <p>Held, That it was not error to submit the case to the jury upon the allegation that the sale was fraudulent in character.</p>