Big Knob Volunteer Fire Co. v. Lowe & Moyer Garage, Inc.

SPAETH, President Judge:

This is an action in replevin for possession of a fire truck. Appellant, plaintiff below, claims the better right to possess the truck under Section 2403(b) of the Uniform Commercial Code, 13 Pa.C.S. § 2403(b), which provides that a merchant entrusted with possession of goods has “power to transfer all rights of the entruster to a buyer in ordinary course of business.” 1 The trial court held that appellant was not a buyer in ordinary course of business because “no actual sale to [appellant] occurred.” Slip op. of trial ct. at 5. We hold that for one to become a buyer…