Moul v. Pfeiffer

Citations

• 23 Pa. Super. 280
• 1903 Pa. Super. LEXIS 55

Syllabus

<p>Sale — Consideration—Failure of consideration — ■Horse—Replevin.</p> <p>A person who has given his promissory note for the purchase price of a horse cannot resist payment of the note, because of alleged failure of consideration by reason of the fact that the horse had been taken from him by a judgment in replevin, where it appears that the purchaser of the horse had permitted judgment to be entered against him by default, and it does not appear that the seller of the horse had been notified to defend the action, or had knowledge of its pendency.</p>