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Commonwealth v. Tluchak

70 A.2d 657 (1950)

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Commonwealth v. Tluchak

Superior Court of Pennsylvania

70 A.2d 657 (1950)

Facts

Mr. and Mrs. Tluchak (defendants) agreed to sell their farm, including “all buildings, plumbing, heating, lighting fixtures, screens, storm sash, shades, blinds, awnings, shrubbery and plants,” to another couple. The written agreement did not cover personal property, but the purchasers argued that the Tluchaks had orally agreed to sell them any articles not covered by the written contract. When the purchasers took possession of the farm they discovered that several items were missing, including a commode, still in its shipping crate on the back porch, an unattached washstand which had been stored in a bedroom, a hay carriage used in the barn, an electric stove cord extending from the switch box in the cellar to the kitchen, and 30 or 35 peach trees. The Tluchaks denied the existence of the oral agreement and denied taking the peach trees, but claimed they had the right to take the other items. The Tluchaks were charged with larceny and found guilty. Mr. Tluchak was sentenced to pay a fine of $50 and make restitution and Mrs. Tluchak received a suspended sentence. The Tluchaks separately appealed their convictions.

Rule of Law

Issue

Holding and Reasoning (Reno, J.)

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