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contractplaintiffdefendantobjectionsustained

plaintiffdefendantobjectionsustained

Related Cases

Scholl v. Hartzell, 20 Pa. D. & C.3d 304, 1981 WL 404500, 33 UCC Rep.Serv. 951

Facts

On April 3, 1981, the defendant advertised a 1962 Chevrolet Corvette for sale at $4,000. The plaintiff inspected the vehicle and agreed to purchase it, providing a $100 deposit. After the plaintiff secured a bank money order for the remaining balance, the defendant refused to complete the sale and returned the deposit, leading the plaintiff to file an action in replevin for the vehicle and parts.

On April 3, 1981, defendant placed a newspaper advertisement in the Allentown Morning Call Newspaper for the sale of a 1962 Chevrolet Corvette automobile and miscellaneous parts for the sale price of $4,000.

Issue

Whether the plaintiff has the exclusive right to possession of the automobile and parts to maintain an action in replevin.

Defendant has alleged that plaintiff has failed to establish his exclusive right to the automotive parts in question.

Rule

Replevin lies wherever one person claims personal property in the possession of another, provided the claimant has the exclusive and immediate right to possession of the goods in question.

Generally speaking, replevin lies wherever one person claims personal property in the possession of another, provided the claimant has the exclusive and immediate right to possession of the goods in question.

Analysis

The court analyzed whether the plaintiff's tender of the deposit granted him an immediate and exclusive right to possession of the vehicle. It concluded that the contract was still executory, requiring further performance from both parties, and thus the plaintiff did not acquire the right to immediate possession.

We do not believe that plaintiff, through said tendering of the deposit, acquired a right to immediate and exclusive possession of the goods in question within the meaning of Robinson v. Tool-O-Matic, supra.

Conclusion

The court sustained the defendant's preliminary objections, concluding that the action in replevin was not appropriate and that the plaintiff should pursue a different legal remedy.

Wherefore, we enter the following And now, October 19, 1981, defendant's preliminary objections in the nature of a demurrer is hereby sustained.

Who won?

Defendant prevailed because the court found that the plaintiff did not have an exclusive right to the property in question, and the action in replevin was not appropriate.

We agree.

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