Hyde v. Kiehl

Citations

• 183 Pa. 414
• 38 A. 998
• 1898 Pa. LEXIS 1061

Syllabus

<p>Contract — Waiver—Evidence—Acts and declarations.</p> <p>While waiver of the terms of a contract may be shown by acts and declarations of the parties, the burden of proof is upon the person alleging the waiver to satisfy the jury that the acts and declarations relied on are such as would warrant the jury in finding that there was a waiver of the original terms of the contract.</p> <p>Sheriff's sale — Distribution—Inconsistent positions.</p> <p>At the distribution of a fund raised by a sheriff’s sale, no question can be raised concerning the regularity of the proceedings by which the fund was brought into court, and therefore no party claiming under title adverse to the proceedings can share in the distribution.</p> <p>Trespass against sheriff for wrongfully selling goods — Qlaim of property at sale by owner — Suit prosecuted to judgment — •Estoppel.</p> <p>An action for trespass prosecuted to judgment against the sheriff or tho plaintiff in the execution by tlie owner of the goods is a bar to assumpsit for the money received from the sale, and vice versa, but nothing less than the prosecution of the suit to judgment can have such effect.</p> <p>Where a person whose goods ai'e wrongfully sold by the shei'iff, gives notice at the sheriff’s sale that the goods belong to him, and that the pui'chaser will take no title, he is not estopped by said notice fi'om maintaining an action of trespass against the sheriff.</p> <p>Sheriff's sale — Wrongful sale — Measure of damages.</p> <p>In ati action against a sheriff for an alleged wrongful sale of plaintiffs’ property, if it appears that the plaintiffs bought in the property at the sale, the measure of their damages is not the full value of the property but the expense and loss they were put to in getting it back, including any loss by its seizure and detention, and the pi'ice which they paid to the sheriff; but where the property is bought in for plaintiffs by their agent, they cannot waive their rights and ratify the agen