SCHOLL V. HARTZELL
20 Pa. D & C.3d 304 (1981)
NATURE OF THE CASE: This was a dispute over the sale of a 1962 Chevrolet Corvette.
FACTS: Hartzell (D) placed an ad to sell his 1962 Chevrolet Corvette and Scholl (P)
responded to that ad and agreed to pay D $4000 for the car and spare parts. P also gave D a
$100 deposit and got a receipt indicating that he still owed $3900. P then advised D two
days later that he had a money order payable to D and that he wanted to pick up the car. D
informed P that he would not honor the sale and returned the $100. P then filed a replevin
action for the possession of the car or in the alternative $4655 the value between the sales
price and the value of the property to be replevied. The complaint was demurred and P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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