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Contracts Keyed to Barnett
Scholl v. Hartzell
Citation:
Court of Common Pleas of Pennsylvania, Northampton County, 20 Pa. D. & C.3d 304 (1981)Facts
On April 3, 1981 Defendant placed a newspaper advertisement in the paper for the sale of a 1962 Chevrolet Corvette and miscellaneous parts for sale for $4,000. Plaintiff met with Defendant on April 3 to inspect the automobile and car parts. The Parties then entered into an agreement of sale for $4,000 at which time Plaintiff gave Defendant a deposit of $100. A receipt was given to Plaintiff noting the deposit and indicating that a balance of $3,900 would be due and payable upon pick up of the vehicle. Plaintiff told Defendant that he had a bank order for the balance on that same day which he would deliver to Defendant when the vehicle and parts were tendered. On April 5, via phone, Defendant informed Plaintiff that he would not accept Plaintiff’s tender of the balance of the sale price. Defendant returned the deposit of $100 to Plaintiff. Plaintiff filed an action in replevin.
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