Scholl v. Hartzell
Court of Common Pleas of Pennsylvania
20 Pa. D. & C.3d 304 (1981)
Relevant factsFree
Hartzell (defendant) advertised his Corvette and related parts for sale, and Scholl (plaintiff) inspected the items, agreed to buy them, and paid a deposit, with the receipt noting the balance was due upon pickup. Later that same day, Scholl told Hartzell he had obtained a money order for the balance to hand-deliver at pickup, but two days later Hartzell refused to accept the balance and returned Scholl's deposit. Scholl filed a replevin action seeking possession of the car and parts, or alternatively damages.
IssueFree
Whether an injured party is entitled to replevin of goods when he has not fully performed under the contract but has paid only a deposit for the goods.