Gunzburger v. Rosenthal

Citations

• 226 Pa. 300
• 75 A. 418
• 1910 Pa. LEXIS 758

Syllabus

<p>Trover and conversion — Right of action — Principal and agent — Possession — Parties.</p> <p>1. As against a stranger possession alone is sufficient to maintain an action of trover and conversion, and in such case, the plaintiff need prove no more than possession.</p> <p>2. A salesman who delivers goods of his principal in his possession, to an intending purchaser under an agreement that the latter shall return them if the sale is not approved by his house, may maintain an action of trover and conversion to recover the goods if they are not returned according to the agreement.</p> <p>3. In such a case a memorandum of the items and the prices of the goods given by the agent to the intending purchaser, is not conclusive evidence of a sale and delivery of the goods in view of the agent’s testimony as to the agreement under which they were delivered, and his testimony that he had no authority to sell upon the terms proposed by the defendant and had so informed the latter.</p>