Wickes Bros. v. Island Park Ass'n
Supreme Court of Pennsylvania
Appeal, No. 93, Oct. T., 1910, by defendants, from judgment of C. P. Somerset Co., Sept. T., 1906, No. 225, on verdict for plaintiffs in case of Wickes Brothers v. Island Park Association and Joseph K. Love, intervening defendant. Replevin for machinery. Before Kooser, P. J. The opinion of the Supreme Court states the case. The court gave binding instructions for plaintiffs. Verdict and judgment for plaintiffs for $3,720. Defendant appealed.
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Appeal, No. 93, Oct. T., 1910, by defendants, from judgment of C. P. Somerset Co., Sept. T., 1906, No. 225, on verdict for plaintiffs in case of Wickes Brothers v. Island Park Association and Joseph K. Love, intervening defendant. Replevin for machinery. Before Kooser, P. J. The opinion of the Supreme Court states the case. The court gave binding instructions for plaintiffs. Verdict and judgment for plaintiffs for $3,720. Defendant appealed. Error assigned was in giving binding instructions for plaintiffs.
1Opinion of the Court
Per Curiam,
The plaintiff sold to the Island Park Association engines and fixtures for the purpose of generating electric light and power. The contract between the parties provided for payments to be made from time to time and that the title to the machinery should remain in the plaintiff until the final payment was made. The machinery was removed from premises in Baltimore, Md., where it had been in use, and shipped to the Island Park Association at Johnstown, Pa., and by it was installed on its property by bolting it to a cement platform. It could have been removed at any time by unscrewing…
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