Hineman v. Matthews

Citations

• 138 Pa. 204
• 20 A. 843
• 1890 Pa. LEXIS 1261

Syllabus

<p>1. A motion for a judgment of nonsuit is equivalent to a demurrer to the evidence, save that on its refusal judgment cannot be entered for the plaintiff; it must therefore be regarded as an admission by the defendant of every fact which might fairly have been found by the jury from the evidence submitted.</p> <p>2. Where, on a contract for the sale of timber, under an agreement that title shall not pass until payment, the vendee removes the timber and converts it into lumber, possession of the lumber obtained by the vendor, on failure of payment, will enable him to hold it against a levy afterwards made on an execution against the vendee.</p>