Commonwealth v. Tluchak

166 Pa. Super. 16, 70 A.2d 657 (1950)

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Nature of the Case

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Facts

The Tluchak's (D) agreed to sell their farm to the prosecutor and his wife. The agreement did not include personal property but did cover all buildings, plumbing, heating, lighting fixtures, screens, storm sash, shades, blinds, awnings, shrubbery, and plants. The purchasers took possession and found that certain items were missing at the time the agreement was executed; a commode which had never been attached and lay on the back porch in a shipping crate, an unattached washstand, a hay carriage, an electric stove cord, and 30 to 35 peach trees. These items were the subject of the larceny. P contended that the articles which were not covered by the written contract had been sold by an oral agreement between the parties. Ds denied the oral agreement; denied the sale of the personal property; denied taking the trees; admitted they took the hay carriage; and as to all the articles which they took they contended that they were taken under a claim of right and therefore not feloniously. The jury found Ds guilty.