Johnston Harvester Co. v. Burch

Citations

• 57 Pa. Super. 95
• 1914 Pa. Super. LEXIS 156

Syllabus

<p>Contract — Sale—Rescission—Replevin—Findings of fact.</p> <p>Where in an action of replevin for a binding machine, tried by the court, it appears that the defendant had taken the machine under a foreign attachment from a person to whom the plaintiff in the replevin had agreed to sell it, a finding of fact based upon sufficient evidence that the defendant in the foreign attachment had refused to accept the machine and that his refusal had been acquiesced in by the agent of the seller will not be set aside, and a judgment for the plaintiff for the machine will be sustained, by the appellate court.</p>