Schwartz v. McCloskey

Citations

• 156 Pa. 258
• 27 A. 300
• 1893 Pa. LEXIS 1338

Syllabus

<p>Sale — Rescission—Execution—Trespass—Sheriff.</p> <p>A vendor of goods who claims to have rescinded the sale on the ground of fraud, cannot maintain trespass against the sheriff for the wrongful seizure and sale of tlie goods as the property of the vendee, where the debt of the plaintiff in the execution was contracted after the alleged voidable sale.</p> <p>Rescission of sale — Return of purchase money.</p> <p>The rule that the vendor of goods, claiming to rescind the sale on the ground of fraud, must tender back any pai't of the purchase money received by him, as a condition of the reclamation of the goods, applies even when the goods are in the hands of the sheriff at the time the rescission is claimed.</p>