Frech v. Lewis
Supreme Court of Pennsylvania
Appeal, No. 73, Jan. T., 1907, by defendant, from judgment of Superior Court. Oct. T., 1906, No. 5, affirming judgment of 0. P. No. 5, Phila. Co., Sept. Term, 1903, on verdict for plaintiff in case of Henry Frech v. G. Lambert Lewis. Appeal from Superior Court. The facts are stated in the opinion of the Supreme Court. See also 32 Pa. Superior Ct. 279. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The settled doctrine of our cases is to the effect, that where the contract of sale provides for payment of the purchase price on delivery of the articles sold, and the seller delivers the goods but the buyer fails to pay, the right of property does not pass to the buyer with the possession, but remains with the seller, who may at his option reclaim the goods. In some jurisdictions the right of property is held to pass with the delivery, unless at the time the right to retake is expressly declared by the seller. We have not gone so fart. Our cases proceed on the…
2Cases cited4 opinions
- Bowen v. BurkSupreme Court of Pennsylvania · 1850
- Mackaness v. LongSupreme Court of Pennsylvania · 1877
- Backentoss v. SpeicherSupreme Court of Pennsylvania · 1858
- Leedom v. PhillipsSupreme Court of Pennsylvania · 1795
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- Dietrich v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1925
- United States v. LutzCourt of Appeals for the Third Circuit · 1944
- Priester v. MillemanSuperior Court of Pennsylvania · 1947
- Joseph Szabo, Trustee in Bankruptcy of Bell Oldsmobile, Inc. v. Vinton Motors, Inc.Court of Appeals for the First Circuit · 1980
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