Clark v. Jack
Supreme Court of Pennsylvania
WRIT OF ERROR to the common pleas of Jefferson county. ’ William Jack against William Clark, J. G. Clark and William. Rodgers. This was an action of trespass for taking and selling a law library, the property of the plaintiff.
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WRIT OF ERROR to the common pleas of Jefferson county. ’ William Jack against William Clark, J. G. Clark and William. Rodgers. This was an action of trespass for taking and selling a law library, the property of the plaintiff. The libraiy at one time belonged to G. J. Durham, against whom L. B. Durham obtained a judgment and execution, and levied upon the library, and sold and purchased it in January 1835. L. B. Durham then sold the library to William Jack, the plaintiff, who entered into the following agreement with R. Arthurs and C. J.. Durham. “ Articles of agreement made and concluded,…
1Per curiam
This, so far from being a case of retained possession, is one in which delivery'preceded the sale. Properly speakings; there was not a sale, but a contract to sell at a future day ; and th| delivery in the meantime was a loan subject to be turned into- a sal^ by compliance with certain conditions. The plaintiff had received the possession as a purchaser, and it cannot be denied that the property had been vested in him. The consideration of his contract to sell to his bailees was their assumption, as principals, to pay his debt contracted for the purchase money. He had, in fact, purchased for…
2Cited by11 opinions
- Edwards v. StranghellanSupreme Court of Pennsylvania · 1884
- Hamilton v. BillingtonSupreme Court of Pennsylvania · 1894
- Rowe v. SharpSupreme Court of Pennsylvania · 1865
- McGinnis v. SavageWest Virginia Supreme Court · 1887
- Stadtfeld v. Huntsman & Co.Supreme Court of Pennsylvania · 1880
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