Larkin v. Schwitzer

Citations

• 54 Pa. Super. 238
• 1913 Pa. Super. LEXIS 48

Syllabus

<p>Contract — Sale—Article specially made — Passing of title.</p> <p>1. Where a purchaser selects a specific piece of cloth and directs the vendor to malee it into a dress for her and agrees to return to be fitted in order that the dress may be completed, and the vendor acting on her instructions cuts the cloth and the trimmings into a garment according to her measure, and advances its manufacture to the stage where it is ready to be fitted, the transaction amounts to an appropriation by the vendor, and an acceptance by the vendee and vests the property in the bargainee.</p> <p>Judgment — Opening judgment — Payment.</p> <p>2. A judgment entered upon a judgment bond for alleged default in interest will be opened where the evidence shows that the bond was given in part payment of a lot of land as to which the remaining payments were to be made in merchandise, and the evidence offered by the defendant in the judgment, although contradicted, tends to show that he had delivered merchandise in excess of the amount agreed upon, and that the plaintiff had agreed to apply this excess on the interest accruing on the bond, and that on this application no interest was due at the time of the alleged default.</p>