Pennsylvania R. v. Amer. Oil Works, Ltd.
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 235 January Term 1889, Sup. Ct.; court below, No. 138 March Term 1888, C. P. No. 3. On October 15, 1888, in an action by the American Oil Works, Limited, against the Pennsylvania Railroad Company, the following case was stated for the judgment of the court, with the right to each party to sue out a writ of error thereto: The plaintiff is an owner and vendor of oil at Titusville, Pa., and for some time prior…
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ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 235 January Term 1889, Sup. Ct.; court below, No. 138 March Term 1888, C. P. No. 3. On October 15, 1888, in an action by the American Oil Works, Limited, against the Pennsylvania Railroad Company, the following case was stated for the judgment of the court, with the right to each party to sue out a writ of error thereto: The plaintiff is an owner and vendor of oil at Titusville, Pa., and for some time prior to J amiary 1,1888, had sold and delivered to the Philadelphia Rubric Company, a refiner of oil, large quantities of…
1Opinion of the Court
Opinion,
Mr. Justice Williams:
A vendor of goods has a right to retain them in Ms own possession until the price has been paid. Tf he waives this right, and sells upon credit, it is an implied condition of such sale that the buyer shall continue in good credit until tbe goods come into bis actual possession. When that happens the lien of: the vendor is gone, and he must depend upon the ultimate solvency of his customer at the expiration of the term of credit. If, while the goods are in the hands of the carrier, in transit, or in store at the end of the journey, with no intervening right in the…
2Cases cited2 opinions
- Patten's AppealSupreme Court of Pennsylvania · 1863
- Hays v. Mouille & Co.Supreme Court of Pennsylvania · 1850
3Cited by4 opinions
- Commonwealth v. SpencerSuperior Court of Pennsylvania · 1898
- Bacharach & Co. v. Chester Freight Line, Pennsylvania Court of Common Pleas, Delaware County1890
- Teller & Co. v. American Railway Express Co.Superior Court of Pennsylvania · 1922
- Blair v. ClarkSuperior Court of Pennsylvania · 1908