94 Pa. 275 | Pa. | 1880
delivered the opinion of the court,
Prom the testimony of Paret the jury could have found an agreement to consign goods to Laing for sale, the invoice prices to be paid weekly or oftener if sales warranted, and all above said prices to be retained by the consignee for his own use, with right in the consignors to reclaim their unsold goods at any time. Such an agreement is a bailment, as was the contract in McCullough v. Porter, 4 W. & S. 177, and the agent or factor had no interest in the goods subject to levy and sale. If Laing’s testimony was true the goods were sold absolutely, and the vendors had no right to their return. The court quite fully and fairly instructed the jury in case of their finding a bailment, or “ an out and out sale ;” and of those instructions there is no complaint.
It is alleged by the plaintiff in error that the apparent contract
Laing assigned a mortgage and conveyed a lot as collateral security for goods to be delivered. Iiis attorney, Bartine, wrote to Paret that Laing had requested him to draw a paper giving Paret a claim on all goods furnished in excess of $3000, and asking his wishes concerning the paper. On the same day, August 14th 1879, Paret replied, “While I do not anticipate Mr. Laing’s becoming in any way involved, yet in view of the proposed business arrangements, it is necessary for us to provide for all possible contingencies ; and, for Mr. L.’s protection as well as our own, I think it desirable to so arrange the matter that his stock could not possibly be subject to any attachment or judgment. I do not know that this could legally be accomplished by a bill of Sale, unless a new one be given for every purchase. But I have suggested to Mr. Laing that the object may more easily be attained by our ‘ consigning’ the goods to him and so marking our invoices and books. By this means we would retain the title, and in case of any difficulty the goods would be ours and not subject to any other indebtedness of Mr. L. It would, of course, be understood that the goods are not to be returned to us except at our desire.” The
Judgment reversed, and a venire facias de novo awarded.