Strong, Deemer & Co. v. Dinniny

Citations

• 175 Pa. 586
• 34 A. 919
• 1896 Pa. LEXIS 1292

Syllabus

<p>Gontract — Executory contract — Delivery of timber at future time.</p> <p>A contract by an owner of timber to cut it and deliver it to the vendee in a stream at a future time, payments to be made in certain specifled portions as the work progressed, is an executory contract, and the vendee is not entitled to the possession of the timber until it is actually delivered into the stream as provided by the contract; and the stamping of the logs upon the banks or upon skids with the vendee’s mark does not pass title to the vendee.</p> <p>Replevin — Right of property — Right of possession.</p> <p>Replevin cannot be maintained without showing a general or special property in the plaintiff, together with the right of possession.</p>