Chase v. Ralston
Supreme Court of Pennsylvania
Error to the Common Pleas of Clearfield county. This was an action of replevin by Thomas Ralston and Robert Beatty, trading as Ralston & Beatty, against John M. Chase, for two rafts of white-pine timber, valued at $300. On the 12th December 1856, one Daniel Britton, who was in possession of a tract of timber land, and engaged in making timber, entered into a written contract with the plaintiffs below, whereby he agreed to sell them 7000 feet of timber, at three cents per…
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Error to the Common Pleas of Clearfield county. This was an action of replevin by Thomas Ralston and Robert Beatty, trading as Ralston & Beatty, against John M. Chase, for two rafts of white-pine timber, valued at $300. On the 12th December 1856, one Daniel Britton, who was in possession of a tract of timber land, and engaged in making timber, entered into a written contract with the plaintiffs below, whereby he agreed to sell them 7000 feet of timber, at three cents per foot, 4000 feet of which were then made. After the execution of the contract, the plaintiffs sent their agent, Manning…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.
— The question, what constitutes sufficient change of possession to perfect a sale of chattels, has been fruitful of litigation here and elsewhere. To attempt a review of the cases is like entering a wilderness. In Sturtevant v. Ballard, 9 Johns. 337, the genius of Chief Justice Kent struck out the first clear track. Seven years afterwards, this court followed with Clow v. Woods, 5 S. & R. 275, improving on what he had done. Clow v. Woods was a great case for us in Pennsylvania, and saved us from a confusion which has tormented the courts of…
2Cases cited11 opinions
- Sturtevant v. BallardNew York Supreme Court · 1812
- Howard v. StrattonCalifornia Supreme Court · 1884
- Smyth v. CraigSupreme Court of Pennsylvania · 1841
- Streeper v. EckartSupreme Court of Pennsylvania · 1837
- Dawes v. CopeSupreme Court of Pennsylvania · 1811
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shipler v. New Castle Paper Products Corp.Supreme Court of Pennsylvania · 1928
- Hunter Construction Co. v. LyonsSupreme Court of Pennsylvania · 1912
- Weller v. MeederSuperior Court of Pennsylvania · 1896
- Morgan's Executors v. BiddleSupreme Court of Pennsylvania · 1791