Reyer v. Rice

Citations

• 36 Pa. Super. 178
• 1908 Pa. Super. LEXIS 130

Syllabus

<p>Sale — Sale of goods — Contract—Transfer of possession.</p> <p>When a purchase of goods is made in good faith and for a valuable consideration followed by acts intended to transfer possession as well as the title, and the vendee assumes such control of property as reasonably to indicate a change of ownership, the delivery of possession as a matter of law, cannot be declared to be insufficient. No such change of possession as will defeat the fair and honest purpose of the parties is required.</p> <p>Whether the sale is in good faith or colorable, whether under the circumstances the change of possession is all that could reasonably have been expected by the vendees, taking into consideration the character and situation of the property, are questions of fact to be determined by the jury.</p> <p>The declarations of a vendor made after the sale, are not competent evidence to affect the title of the vendee.</p> <p>Where the sale of a newspaper together with the presses and other articles incident to a newspaper establishment is not followed by an immediate removal, or notice of change of ownership by advertising in the newspaper, or placing signs on the premises in which it was located, or on the machinery, a verdict and judgment for an execution creditor of the vendor in an interpleader, will be sustained.</p>