86 Pa. Super. 198 | Pa. Super. Ct. | 1925
Argued April 20, 1925.
The plaintiff being the owner of a used Studebaker truck placed it in the custody of the defendant for repairs; the latter having a garage and automobile repair shop. The repairs were made; whereupon the plaintiff was notified of the fact and demand was made for payment. The plaintiff neglected or refused to pay the repair bill and thereupon, as alleged, he was notified that unless payment was made the truck would be sold for the recovery of the amount of the bill. Soon afterward the defendant sold the truck to one Rose. No notice of the sale was given by advertisement, nor was attention paid to the law as prescribed in the Act of December 14, 1863, P.L. 1127, which directs the procedure for enforcing a lien such as the defendant had. Sometime after the sale to Rose, he sold the truck to a man named Walton. The latter was later arrested for driving without a license and was brought before a magistrate on that charge. The defendant learned at the hearing in that case that his sale of the truck to Rose was without lawful authority. Possessed of that information, he entered into negotiation with Walton and bought the truck from him after it had been in use for some time. The day following the purchase from Walton, according to the defendant's evidence, the plaintiff demanded the truck, but the defendant refused to deliver it until the lien for repairs was satisfied. The plaintiff denied that he had any negotiation with the defendant about the truck on the 25th of September or afterward. The action is trespass for the conversion of the property. The defense presented was the alleged lien for repairs and the public sale of the truck by the defendant in enforcement of his lien. The court held that by the unqualified sale to Rose the defendant's lien was discharged. That this ruling was correct may be seen by reference to Davis v. Bigler,
It is clear that no demand by the plaintiff was necessary before instituting an action. The defendant having sold the property and delivered the possession made himself liable as a trespasser: Etter v. Bailey,
Evidence of the price at which the truck was sold at public sale was properly excluded. The plaintiff's right of action arose when the defendant made the sale to Rose. The price at auction many months afterward at an adjourned sale furnished no standard of the value at the time of the conversion. The court rightly construed the law applicable to the facts and it follows that the judgment is affirmed.