A. Samuel Buchman, Philadelphia, for appellant.
Lester L. Dolfman, Philadelphia, for appellee.
Before Rhodes, P. J., and Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.
[ 176 Pa. Super. Page 431]
This comes before us on appeal from the refusal of the Municipal Court of Philadelphia to enter judgment non obstante veredicto or grant a new trial after a verdict for the defendant by a jury.
The plaintiff brought an action in assumpsit to recover $675 with interest as the value of a fur coat which had been obtained by defendant from plaintiff. At the time of receiving the coat the defendant signed
[ 176 Pa. Super. Page 432]
what was termed a 'Memorandum Receipt.' It was in the following form:
'from Bessen Bros. incorporated, Manufacturing Furriers
350 Seventh Avenue, New York 1, N.Y., Sept. 7, 1949
'All shipments will be made collect and at full value unless written instructions to the contrary are given.
'Memorandum Receipt as Below:
'Memorandum. This Is Not an Invoice. The above listed merchandise is received for inspection only and will be returned upon demand to Bessen Bros., Inc.
'The transferee assumes all risk of loss or damage by theft, robbery, fire, or negligence, and will fully insure this merchandise for the account of Bessen Bros., Inc.
'It is understood and agreed by the transferee that nothing contained in the memorandum shall be construed to be an extension of credit or to vest in the transferee any right or authority to transfer the said merchandise to any other person or concern, whether on memorandum or otherwise.
'Sale of the above listed merchandise takes effect only from date of written approval of your selection by Bessen Bros., Inc. and issuance of regular invoice.
[ 176 Pa. Super. Page 433]
'No delivery or transfer of the above listed merchandise shall be deemed to pass any title or interest in this merchandise to the transferee or subsequent holder thereof until Bessen Bros., Inc. issues a regular invoice for same and receives the purchase price mentioned in such invoice. The rendering of an invoice unless otherwise indicated shall vest only a conditional ...