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DRUCKENMILLER v. KUZENSKI (07/17/56)

July 17, 1956

DRUCKENMILLER
v.
KUZENSKI, APPELLANT.



Appeal, No. 277, Oct. T., 1955, from judgment of Court of Common Pleas of Lehigh County, Sept. T., 1953, No. 296, in case of Orville O. Druckenmiller v. John J. Kuzenski. Judgment reversed.

COUNSEL

Harry P. Creveling, with him David Freeman, for appellant.

Joseph F. Fruhwirth, Jr., with him James C. Lanshe, for appellee.

Before Hirt, Wright, Woodside, Ervin, and Carr, JJ. (rhodes, P.j. and Gunther, J., absent).

Author: Ervin

[ 181 Pa. Super. Page 247]

OPINION BY ERVIN, J.

This is an action in trespass for conversion of articles of personal property. The plaintiff obtained a verdict. Defendant appealed after the dismissal of his motions for a new trial and judgment n.o.v. The principal question for our determination is whether there was a conversion of the articles.

The facts of the case are that plaintiff carried on a tombstone business on defendant's premises, on which plaintiff had erected a frame building 20 feet by 24 feet. On May 1, 1946 the parties entered into a written agreement of sale for one acre of defendant's ground, including the land on which the building was erected, for $1,300.00, payable $100.00 down, $500.00 on July 1, 1946 and the balance at the end of one year from the date of the agreement. Plaintiff paid the

[ 181 Pa. Super. Page 248]

$100.00 down payment and $200.00 on the next payment and never paid anything else.

Prior to June 1949 defendant told the plaintiff to remove his personal property from the premises. The plaintiff failed to remove the same.

In November 1949 defendant posted "No Trespass" signs upon the land in question and caused plaintiff to be arrested and haled before Justice of the Peace Roy H. Peterson, where plaintiff posted bail for $25.00. At a hearing at which defendant's attorney was present, plaintiff was ordered to keep off the premises or suffer future arrests. Upon his promise to do so, he was released and later the charge was dropped and plaintiff's bail money returned to him.

In February 1951 the defendant sold his entire farm, including the plot in question with the building thereon, to one C. Ralph Hittinger, who in turn sold the personal ...


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