Hineman v. Matthews
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLI R3 OF YENANGO COUNTY. No. 66 October Term 1890, Sup. Ct.; court below, No. 57 August Term 1888, C. P. On June 28,1888, an appeal was entered by the defendant from the judgment of a justice of the peace in favor of P. J. Hineman against David Matthews. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLI R3 OF YENANGO COUNTY. No. 66 October Term 1890, Sup. Ct.; court below, No. 57 August Term 1888, C. P. On June 28,1888, an appeal was entered by the defendant from the judgment of a justice of the peace in favor of P. J. Hineman against David Matthews. Issue. At tbe trial on May 21, 1889, the plaintiff submitted evidence tending to show that in November, 1887, he sold to Gay-lord Minium certain timber, with a distinct agreement, as was claimed and testified, that the title to the timber was not to pass by the sale until the vendee had paid the…
1Opinion of the Court
OPINION,
Mb. Justice Stebbett:
Plaintiff’s contention is that, as between himself and Gaylord Minium, the transaction was a conditional sale of the timber; that, according to the terms of their agreement, the title was not to pass until the timber was paid for, and the vendee having failed to pay within the time agreed upon, plaintiff resumed possession of the property, before the defendant or any of the vendee’s creditors acquired any right thereto, by levy, sale, or otherwise, and that the jury would have been warranted by the evidence in finding these facts. If that position be correct, the…
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- In re East End Mantel & Tile Co.District Court, W.D. Pennsylvania · 1913
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