Scholl v. Hartzell
Court of Common Pleas of Pennsylvania
20 Pa. D. & C.3d 304 (1981)
Hartzell (defendant) advertised his corvette and miscellaneous parts for sale in the newspaper. Scholl (plaintiff) saw the advertisement and met with Hartzell to inspect the car and parts. Scholl agreed to buy the items and paid a deposit for which Hartzell provided a receipt. The receipt also indicated that Scholl would pay the balance when he picked up the items. Later on the same day, Scholl informed Hartzell that he had obtained a money order for the balance, payable to Hartzell, which he would hand-deliver when he picked up the items. Two days later, Hartzell informed Scholl that he would not accept the balance. Hartzell returned the deposit. Scholl filed a replevin action in the Court of Common Pleas of Pennsylvania. Scholl demanded possession of the corvette and miscellaneous parts or, in the alternative, damages.
Rule of Law
Holding and Reasoning (Grifo, J.)