Minkin v. Fischer

Citations

• 72 Pa. Super. 32
• 1919 Pa. Super. LEXIS 239

Syllabus

<p>Contracts — Sales—Delivery—Passing of title.</p> <p>Where a contract in writing for the purchase of iron scrap provides for a price f. o. b. yards, the defendant to commence removing the iron on or before a certain day, and for cash payment; and the defendant fails to perform his part of the contract, the plaintiff acts within his rights if he sells the scrap in the open market and seeks to recover from the defendant the difference between the price obtained, and the price quoted in the contract.</p> <p>Contracts — Sales—Rights of seller.</p> <p>Where the seller retains his lien of possession and the buyer fails to comply with the terms of the contract, the seller has the right to recover from the defendant the difference between the market value of the goods at the time of the breach and the price which the defendant had agreed to pay, or can give effect to his lien by selling the property, making a reasonable effort to secure the best price, and can proceed against the defendant to recover for any resulting deficiency. Nor is it material whether the contract be held to be executory or executed.</p>