Legal Opinion

Rowe v. Sharp

Supreme Court of Pennsylvania

Decided October 26, 1865PublishedCited by 16 opinions

Error to the Court of Common Pleas of Mrie county. This was an action of replevin, in which William J. Sharp was the plaintiff, and Jonathan E. Rowe the Defendant, and was for two billiard-tables and fixtures. Sharp, the plaintiff below, was a billiard-table manufacturer in the city of New York.

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Error to the Court of Common Pleas of Mrie county. This was an action of replevin, in which William J. Sharp was the plaintiff, and Jonathan E. Rowe the Defendant, and was for two billiard-tables and fixtures. Sharp, the plaintiff below, was a billiard-table manufacturer in the city of New York. On the 13th November 1863, one Charles A. Goff agreed to purchase from him two billiard-tables and fixtures, for $750, and then paid on account $200, of which this bill was given in evidence by the defendant:— . ■ “ New York, Nov. 13th 1863. “Mr. Chas. A. Goff bought of Wm. J. Sharp, Billiard-Table…

1Opinion of the Court

The opinion of the court was delivered, by

Aginew, J.

— That a sale of the billiard-tables was contemplated in the lease between Sharp and Goff of the 16th of November 1865 is manifest in the writing itself, as well as from the other evidence in the cause. But it is the character of the sale whieh must determine when the title vested. The bill of sale of the 13th November 1865 was not signed, and before Sharp, the manufacturer, parted with his possession, he had-.a right to dictate the terms of its transfer. He lived in the city of New York, and the tables were to be taken by Goff into…

2Cases cited2 opinions

  1. Vandyke v. ChristSupreme Court of Pennsylvania · 1844
  2. Clark v. JackSupreme Court of Pennsylvania · 1838

3Cited by16 opinions

  1. Hamilton v. BillingtonSupreme Court of Pennsylvania · 1894
  2. Goss Printing Press Co. v. JordanSupreme Court of Pennsylvania · 1895
  3. Farquhar v. McAlevy, Pennsylvania Court of Common Pleas, Huntingdon County1891
  4. Schmidt v. BaderSupreme Court of Pennsylvania · 1925
  5. Lippincott v. ScottSupreme Court of Pennsylvania · 1901

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