Russell & Co. v. Boody

Citations

• 232 Pa. 463
• 81 A. 548
• 1911 Pa. LEXIS 744

Syllabus

<p>Sales — Personal property — Necessity for delivery — Written agreement of sale.</p> <p>In an action to recover on two promissory notes given by the defendant to the plaintiff in payment for a traction engine, wherein the defense is a failure of delivery, judgment is properly directed for the plaintiff where it appears that the engine belonged to the plaintiff and was in the possession of a lessee with power to purchase, that the lessee became financially involved and was in default in the payment of rent to the plaintiff, that he sold to the defendant all of his personal property and arranged with him for the transfer of the engine subject to the plaintiff’s right thereto, that an agreement was signed by the defendant and lessee and sent-to the plaintiff for acceptance, which provided, after a recital of the lease, the lessee’s inability to pay and that an arrangement had been made with the defendant to transfer the engine to him, that the defendant should “take possession of and purchase the said engine with attachments and fixtures as above described, taking the same where it is and as it is,” and give the plaintiff his notes in payment, and that, though there was no formal approval of the agreement by the plaintiff, the plaintiff had accepted defendant’s notes given in accordance therewith. Under such a written agreement of sale actual delivery of the engine was not necessary.</p>