Westinghouse Air Brake Co. v. Harris

Citations

• 237 Pa. 203
• 85 A. 78
• 1912 Pa. LEXIS 918

Syllabus

<p>Contracts — Sales—Vesting of title — Separation from bulk— Receivers — Replevin.</p> <p>1. Upon a rule for judgment for want of sufficient affidavit of defense in an action of replevin, it appeared by the pleadings that the property replevied consisted of 5,200 tons of pig iron; that this pig iron was part of a larger amount of the same material manufactured and owned by a furnace company and pledged to the selling agent of the furnace company and stored upon a lot of ground owned by the furnace company but leased to and in possession of the selling agent; that under its contract with the furnace company, the selling company took title to the pig iron, held possession and made sale of the same; that the selling company sold 5,200 tons of the pig iron in question, received the purchase price therefor, and issued certificates of ownership for the same to the purchasing company; that subsequently thereto and before any separation from bulle had been made, the furnace company passed into the hands of a receiver; that after the appointment of the receiver the goods replevied were separated and marked with the initials of the purchasing company, by someone interested in the sale, but without the authority of the receiver; that upon the lot with the iron in question, there was a large amount of pig iron belonging to the furnace company over which the selling company had no dominion. Held, that in such a case, title vested in the vendee, as against the furnace company, and that an action of replevin was maintainable therefor.</p> <p>Replevin — Right of possession — Judgment for want of sufficient affidavit of defense — Title—Damages—-Writ of inquiry — Act of April 19, 1901, P. L. 88.</p> <p>2. In this State, an action of replevin lies for property of one person in the possession of another, even if the claimant never had possession providing he has the right of possession.</p> <p>3. The effect of a judgment for want of a sufficient affidavit of defense in an action of re