Strong, Deemer & Co. v. Dinniny

Supreme Court of Pennsylvania May 25, 1896

Strong, Deemer & Co. v. Dinniny, 175 Pa. 586 (Pa. 1896)

34 A. 919; 1896 Pa. LEXIS 1292

Dean, Green, Mitchell, Sterrett, Williams

Opinion of the Court

Per Curiam,

By agreement filed, trial by jury was waived, and the case was submitted to the learned president of the common pleas. An examination of the record has failed to convince us that there is any substantial error either in his findings of fact or *594conclusions of law; and there appears to be nothing in either of the specifications of error that requires discussion. They are all dismissed, and the judgment is affirmed, on the opinion of the court below.

Reference

Full Case Name: Strong, Deemer & Co., Limited v. F. C. Dinniny and H. A. Kent
Cited By: 16 cases
Status: Published
Syllabus: Gontract — Executory contract — Delivery of timber at future time. A contract by an owner of timber to cut it and deliver it to the vendee in a stream at a future time, payments to be made in certain specifled portions as the work progressed, is an executory contract, and the vendee is not entitled to the possession of the timber until it is actually delivered into the stream as provided by the contract; and the stamping of the logs upon the banks or upon skids with the vendee’s mark does not pass title to the vendee. Replevin — Right of property — Right of possession. Replevin cannot be maintained without showing a general or special property in the plaintiff, together with the right of possession.