Klein v. Patterson

Citations

• 30 Pa. Super. 495
• 1906 Pa. Super. LEXIS 107

Syllabus

<p>Sale — Bill of sale — Title—Possession.</p> <p>As between vendor and vendee title to personal property may pass under the bill or contract of sale without actual delivery.</p> <p>Where an owner of personal property executes a bill of sale for it, and the vendee permits the property to remain in the possession of the vendor upon condition that it shall not be removed 'from the vendor’s premises, and the vendor subsequently removes it to a warehouse, at which place it is surrendered to the vendee on demand, the warehouseman is not liable in an action of trespass to the vendor for surrendering the property. He will be liable, however, for any property surrendered by him to the vendee, and belonging to the vendor, which was not included in the bill of sale. In such a case the vendor is entitled to recover not only the fair value of the goods wrongfully surrendered, but something in addition to the value of the goods not exceeding the legal interest from the time of the wrongful act.</p>