Marvin Safe Co. v. Norton
Supreme Court of New Jersey
On certiorari to Mercer Common Pleas. On May 1st, 1884, one Samuel N. Schwartz, of Hightstown, Mercer county, New Jersey, went to Philadelphia,. Pennsylvania, and there, in the office of the prosecutors, executed the following instrument: “ May 1st, 1884. ‘ Marvin Safe Company: ' “ Please send, as per mark given below, one second-hand safe, for which the undersigned agrees to pay the sum of eighty-four dollars ($84), seven dollars cash, and balance seven dollars per month.
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On certiorari to Mercer Common Pleas. On May 1st, 1884, one Samuel N. Schwartz, of Hightstown, Mercer county, New Jersey, went to Philadelphia,. Pennsylvania, and there, in the office of the prosecutors, executed the following instrument: “ May 1st, 1884. ‘ Marvin Safe Company: ' “ Please send, as per mark given below, one second-hand safe, for which the undersigned agrees to pay the sum of eighty-four dollars ($84), seven dollars cash, and balance seven dollars per month. Terms cash, delivered on board at Philadelphia or New York, unless otherwise stated in writing. It is agreed that Marvin…
1Opinion of the Court
____The opinion of the court was delivered by
Depue, J.
The contract expressed in the written order of May 1st, 1884, signed by Schwartz, is for the sale of the property to him conditionally, the vendor reserving the title, *413notwithstanding delivery, until the contract price should be paid. The courts of Pennsylvania make a distinction between the bailment of a chattel, with power in the bailee to become the owner on payment of the price agreed upon, and the sale of a chattel with a stipulation that the title shall not pass to the purchaser until the contract price shall be paid. On this…
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