Fowler v. Pennsylvania Tire Company

326 F.2d 526 (5th Cir. 1964)

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Nature of the Case

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Facts

Pennsylvania Tire and Martin's Tire entered into a contract whereby the former agreed to deliver tires to the latter for resale at prices and terms fixed by the latter. The contract was termed a consignment with the title expressly being reserved with Pennsylvania. Monthly inventory reports were required, but there was no provision for any sort of segregating or earmarking the tires. Martin's filed bankruptcy. Pennsylvania filed a petition for reclamation asserting that the transaction was a consignment. The trial court ruled for Pennsylvania and Fowler appealed.