Gump v. McDaniel

Citations

• 42 Pa. Super. 429
• 1910 Pa. Super. LEXIS 347

Syllabus

<p>Contract — Sale—Delivery of possession — Leased chattels.</p> <p>A sale of a chattel in the hands of a lessee is good against an execution creditor, if the lessor does not retake possession.</p> <p>Where an owner of a traction engine leases it to another and while it is under lease and in a broken down and dismantled condition sells it to a third person at what appeared to be a fair price, and the purchaser takes steps to secure possession of the engine, but before he succeeds the engine is levied upon by an execution creditor of the vendor, the question as to whether there was fraud in fact is one for the jury, and if the jury finds in favor of the purchaser, the court commits no error on a motion for judgment non obstante veredicto in finding that there was no legal fraud and in refusing to set aside the verdict.</p>