Maher v. McClellan
Citations
- 5 Sadler 221
- 8 A. 174
- 1887 Pa. LEXIS 566
Syllabus
<p>Where a vendee of personal property permits a vendor to usé the property as'his own, as he had done before the sale, a resale by the vendor to one who buys in good faith, for value and without notice of the first sale, passes a good title to the second vendee.</p> <p>In a contest between the two vendees as to the ownership of the property, the vendor is a competent witness to show that the first sale was not bona fide but a cover to protect the property against creditors.</p> <p>Note. — For the necessity of change of possession of personalty, see note to Chase v. Garrett, 1 Sad. Rep. 16.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “It is a fundamental principle of law, as it is of morals, public policy and fair dealing, that a party cannot contract against liability for his own fraud”
- “Fraud which enters into the making of the contract cannot be excluded from the reach of the law by any form of phrase inserted in the contract itself.”
- “Fraud which enters into the making of the contract cannot be excluded from the reach of the law by any form of phrase inserted in the contract itself.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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