W. G. Ward Lumber Co. v. American Lumber & Manufacturing Co.

Citations

• 247 Pa. 267
• 93 A. 470
• 1915 Pa. LEXIS 820

Syllabus

<p>Contracts — Sales of personal property — Deceit—Voidable title —Conflict of laws — Bona fide purchaser for value — Notice of rescission — Evidence.</p> <p>1. A vendor, who has been induced by fraud to sell personal property to a vendee, may rescind the contract upon discovering the fraud, not only as against the original purchaser, but as against a transferee, who is not a bona fide purchaser for value.</p> <p>2. Where a contract for the sale of lumber was made by letters, one addressed to and received by the vendor at its place of business in Ohio, containing an offer, and the other mailed at the same place, accepting the offer, and the lumber was shipped from the same place, to points outside of Ohio, the contract is an Ohio contract and will be construed by the law of that State.</p> <p>3. Where in such case it was shown that the lumber sold by plaintiff to the fraudulent vendee had been resold to defendant in consideration of the cancellation of a pre-existing debt, and that under the law of Ohio such a consideration did not constitute defendant a bona fide purchaser for value, and that defendant had had notice that plaintiff claimed the lumber prior to a resale by it to a customer, a verdict and judgment for plaintiff was sustained.</p>