Frech v. Lewis
Superior Court of Pennsylvania
Appeal, No. 5, Oct. T., 1906, by defendant, from judgment of C. P. No. 6, Phila. Go., Sept. T., 1908, No. on verdict for plaintiff in case of Henry Freeh v. Gr. Lambert Lewis. Replevin for two carriages. Before Martin, P. J. The opinion of the Superior Court states the case. Error assigned amongst others was in refusing binding instructions for defendant, and in refusing to withdraw a juror.
1Opinion of the Court
Opinion by
Henderson, J.,
It does not seem to be denied that the plaintiff’s evidence supported the conclusion of the jury that the agreement with the defendant was for payment in cash on the delivery of' the carriages. The argument of the appellant proceeds upon the *281assumption that the sale was conditioned upon the payment of the price at the time of delivery, and that the plaintiff might, within a reasonable time, recover the property if the defendant did not pay. The defense has its basis in the contention that the condition upon which the contract was made was waived and the title vested…
2Cases cited1 opinion
- Backentoss v. SpeicherSupreme Court of Pennsylvania · 1858
3Cited by4 opinions
- Handley Motor Co. v. WoodSupreme Court of North Carolina · 1953
- Haun v. McCabeSupreme Court of Pennsylvania · 1932
- Handley Motor Co. v. WoodSupreme Court of North Carolina · 1953
- Commonwealth v. DressSuperior Court of Pennsylvania · 1945