Perkins ex rel. Bank of Commerce v. Halpren

Citations

• 257 Pa. 402
• 101 A. 741
• 1917 Pa. LEXIS 752

Syllabus

<p>Contracts — Sales — Executed and executory sales — Delivery— Title — Course of dealing — Trial without jury — Findings of fact— Appeals — Practice, Supreme Court.</p> <p>1. There may be a bargain and sale of goods sufficient to transfer the title and thus to support an action for goods bargained and sold without such transfer or delivery as would amount to a .transfer of possession.</p> <p>2. Findings of fact by the trial judge in an action at law in a case tried without a jury, to the effect that a sale of goods was completed at the time they were billed to the vendee, have the effect of a verdict of a jury and will not be set aside if there is evidence to support them.</p> <p>3. In an action for goods sold and delivered to defendants it appeared that defendants had guaranteed the account of plaintiff at a national bank. By means of the credit thus obtained plaintiff purchased goods of an English merchant and the goods were shipped to the bank at which plaintiff’s account had been guaranteed together with the bills of lading with drafts attached. The bank accepted the drafts, and charged the amount thereof to the plaintiff’s account and plaintiff gave a trust receipt whereby he agreed to hold the merchandise in trust as the property of the bank with liberty to sell the same for the account of the bank and deliver the proceeds to the bank to be applied against the acceptance of the draft. Subsequently plaintiff billed certain of the goods to defendants, and defendants were permitted to withdraw the goods from the warehouse upon payment of the duty. Part of the goods included in such shipment were paid for by defendants. About the same time plaintiff assigned his claim against the defendant for the unpaid balance of the price for value to a third person, to whose use the action was brought. Defendants had notice of the assignment. Plaintiff’s account at the bank became in arrears and the bank sold the goods in the warehouse and applied the proceeds to pay plaintif