142 Pa. 344 | Pennsylvania Court of Common Pleas, Clinton County | 1891
Opinion,
This case is governed by the decision already made when it was here before : 134 Pa. 566. It was then held that the contract was one of sale, and that the title and the right of possession were in the vendor from April 1,1886, until payment in full of the purchase money, or, of course, its equivalent, a tender duly maintained. The action was replevin, and, as it
The learned judge in his opinion adverts to the fact that the question of tender was not made at the first trial in the court below, and suggests that the action of this court in reversing upon it was at variance with the rule laid down in Phila. R. Co. v. Getz, 113 Pa. 214, and other cases. It was not so intended. The question was argued here by both parties as if it were properly before us; see the reported arguments in 134 Pa. 568, 569, and was made the basis of the decision upon that view, with no intention of departing from the usual practice.
Judgment reversed, and judgment for defendant for costs only.