Jenkins v. Eichelberger
Supreme Court of Pennsylvania
ERROR, to the district court of York county. This was an action of trover by Thomas C. Jenkins against Adam Eichelberger and others. The facts were these: the plaintiff, who is a merchant in the city of Baltimore, delivered to James Osborn a quantity of hides upon the following terms.
Read the full summary
ERROR, to the district court of York county. This was an action of trover by Thomas C. Jenkins against Adam Eichelberger and others. The facts were these: the plaintiff, who is a merchant in the city of Baltimore, delivered to James Osborn a quantity of hides upon the following terms. “ The hides were to be charged at cost and five per cent commission, and interest after six months, and when tanned, to be returned to tbe plaintiff] and by him sold, and out of the proceeds of sale the plaintiff to deduct the price agreed upon for the hides and five per cent commission and guarantee on the…
1Opinion of the Court
The opinion of the Court was delivered by
(3-ibson, C. J.
—An important, if not a decisive feature of the case is, that the hides were charged at cost, with five per cent commission, and interest after six months. So far the transaction appears *122distinctly in the garb of a sale, at a profit of five per cent and a credit of six months. The plaintiff would doubtless have been willing to sell without stipulating for a re-sale, provided the purchaser had substituted casli for it, or satisfactory security. What had he principally in view ? Undoubtedly to part with the property at a given profit; to…
2Cited by17 opinions
- Barlow v. FoxSupreme Court of Pennsylvania · 1902
- M'Cullough v. PorterSupreme Court of Pennsylvania · 1842
- Winslow, Lanier & Co. v. LeonardSupreme Court of Pennsylvania · 1854
- Stadtfeld v. Huntsman & Co.Supreme Court of Pennsylvania · 1880
- Truck Tractor & Forwarding Co. v. BakerSupreme Court of Pennsylvania · 1924
12 more not listed; retrieve them via the Exa API.