White v. Gunn

Citations

• 205 Pa. 229
• 54 A. 901
• 1903 Pa. LEXIS 552

Syllabus

<p>Contract — Sale—Personal property — Delivery of possession.</p> <p>If a purchaser pays the price for goods purchased by him without taking possession oí them, he takes the risk oí the integrity and solvency of his vendor when the rights of a subsequent bona fide purchaser or an execution creditor arise.</p> <p>Delivery of possession of personal property is indispensable to transfer a title by the act of the owner that shall be valid against creditors. In passing upon the sufficiency of possession taken by the purchaser there must be taken into consideration the character of the property, the use to be made of it, the nature and object of the transaction, the position of the parties and the usages of trade or business.</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 shows that there was an intention to transfer the possession as well as the title, and the vendee assumed such control of the properly as ought reasonably to indicate a change of ownership.</p> <p>On an issue to determine the ownership of a brick plant including machinery, engines, wagons, horses and other property necessary for the manufacturing of brick, the evidence showed that the former owner came to the office of the plaintiff in the issue, told him that he was “ hard up” and would like to have some money. A receipt of the owner to the plaintiff was produced acknowledging the latter’s check for $100, and his note for $2,400 payable four months after date in payment of the purchase money for the property purchased, which note plaintiff testified he paid. Evidence was submitted that the price paid for the property was a fair one. The plaintiff testified that he took possession of the property immediately after the purchase, that though he employed the former owner to manage the brickyard for him, he wont there five days out of six to look after the business ; that he furnished