McQuale v. North American Smelting Co.

Supreme Court of Pennsylvania April 11, 1904

McQuale v. North American Smelting Co., 208 Pa. 504 (Pa. 1904)

57 A. 984; 1904 Pa. LEXIS 793

Brown, Dean, Fell, Mestrezat, Mitchell, Potter, Thompson

Opinion of the Court

Per Curiam,

The property admittedly belonged to the plaintiffs when they *505placed it in the cellar, and they have done nothing since to divest the title. It is true they left it on the premises after their lease had expired and they had given up possession, but abandonment cannot be inferred because they retained the key of the cellar and the control of the property, with the knowledge, and it must be assumed with the consent, of the lessor. The question of good faith in the purchasers does not arise. They bought whát their vendor had no right to sell, and however innocent they got no title as against the real owners.

Judgment affirmed.

Reference

Full Case Name: McQuale v. North American Smelting Company
Cited By: 4 cases
Status: Published
Syllabus: Landlord and tenant — Sale of property — Conversion—Replevin. Where a tenant of a building after the termination of his lease is permitted by subsequent tenants and the owner to continue to keep in the cellar of the building metal plates and to retain the key of the cellar, and the plates are sold by an employee of the owner, the purchaser is liable to the tenant although he had no knowledge of the wrongful conversion.