Kelley v. Ichkowitz

Citations

• 77 Pa. Super. 544
• 1921 Pa. Super. LEXIS 313

Syllabus

<p>Sales — Sales of personal property — Replevin—Title to property —G ounierbond.</p> <p>A contract was entered into between two parties for tbe sale of personal property. Before tbe vendee could take possession it was replevied by other persons claiming title thereto. On the trial of the replevin proceedings the verdict was in favor of the plaintiffs and judgment was entered thereon. In the controversy between the vendor and vendee, growing out of the liability on the replevin bond, it was agreed that the court should decide who should pay the replevin judgment and also adjust other matters in controversy. The court decreed that the vendee should pay the judgments in the replevin suits, and also the balance due on the contract for the sale of the personal property, which was replevied, and a further sum involved in the other dispute between the parties.</p> <p>Held: that the payment of the judgments in the replevin proceedings paid for the property involved in the contract of sale, and that the order which required the defendant to pay a further sum on the contract, constituted reversible error.</p>