Schwab v. Woods

Citations

• 24 Pa. Super. 433
• 1904 Pa. Super. LEXIS 203

Syllabus

<p>Contract — Sale—Transfer of possession — Question for jury.</p> <p>When a purchase of personal property is made in good faith, the fair and honest purpose of the vendor and vendee will not be defeated if the conduct of the parties showed that there was an intention to transfer the possession as well as the title, and the vendee assumes such control of the property as ought reasonably to indicate a change of ownership.</p> <p>Where a person purchases personal property from a partnership, takes possession thereof, and pays a considerable portion of the purchase money, the fact that he does not pay the remainder of the purchase money until after a levy has been made upon the goods as the property of the partnership, is immaterial, if it appears that the sale was made in good faith. In such a case the question of good faith is for the jury. If there is a question as to the sufficiency of the possession of the purchaser, that question is also for the jury.</p>