McFarland-Meade Co. v. Doak

Citations

• 63 Pa. Super. 27
• 1916 Pa. Super. LEXIS 93

Syllabus

<p>Replevin — Gontracl—Delivery of material to building operation —Passing of title.</p> <p>An action of replevin to recover steel window sashes cannot be maintained where it appears that the plaintiff entered into a contract in writing with the defendant to furnish and hang the window sashes for a building which the defendants were constructing for another, that after the sashes were delivered to the building, but before they were hung, the defendants notified the plaintiffs that the contract was revoked because of the employment by plaintiffs of nonunion labor, and that the plaintiffs by reason of this notice, and also by reason of the fact that there had' been a default in the payment of moneys due, went upon the premises and removed the window sashes under the writ of replevin issued in the case. In such a case the title to the sashes had passed out of the plaintiffs by the delivery, and they had no such general or special property in them as would support an action of replevin.</p> <p>Practice, G. P. — Demurrer—Judgment for want of an affidavit of defense — Appeals.</p> <p>Where in an action of assumpsit a demurrer to the statement is overruled, and the defendant takes no further step, but permits judgment to be entered against him for want of an affidavit of defense, he may after the entry of such final judgment, take an appeal and assign as error the order overruling the demurrer.</p>