Woolsey v. Axton & Son

Citations

• 192 Pa. 526
• 43 A. 1029
• 1899 Pa. LEXIS 953

Syllabus

<p>Sale— Contract—Delivery.</p> <p>Where one person agrees to sell and deliver to another a raft, and the vendee agrees to pay a certain amount at the time of the agreement, and, at a specified future date one half of the balance in cash, and the remainder by note, the vendee has no right to demand credit of an old debt in the settlement, and is not entitled to possession of the raft until he pays for it in the manner stipulated in the contract.</p> <p>M. agreed to deliver to W. at G. a raft of timber of a certain size, W. agreeing to pay $100 d'own, balance of half the amount at a certain time, and to then give a ninety-day note for the other half. The $100 was paid, and afterwards $50.00 more. The raft, price of which amounted to $640, viras afterwards moored at G., and, on objection of W. to certain of the limbers, they were replaced with others, whereupon he announced himself satisfied. Then they met for settlement, and W. claimed $500 to be due on another matter, and demanded it should be credited on the purchase money; but M. disputed the claim, refused to make such credit, and demanded cash and note as per contract, which was refused. W. then took possession, and M. retook and retained possession. Held, that there was no delivery, but that the title remained in M.</p>