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Case library · Sticky Fingers

The Peach Trees and the Farm Sale

Commonwealth v. Tluchak (1950)

Charge: LarcenyCourt: Superior Court of PennsylvaniaState: PennsylvaniaDocket: Sticky Fingers

The facts

A husband and wife agreed to sell their farm. The written sale covered the buildings and fixtures but said nothing about loose personal property. When the buyers moved in, they found things missing: a commode and a washstand, neither fixed to the house, a hay carriage, an electric stove cord, and thirty-odd peach trees. The buyers had the sellers charged with larceny. The sellers' answer: until the buyers took over, the farm and everything on it was still in their own lawful possession. Larceny is a wrongful taking from someone else's possession.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Commonwealth v. Tluchak, 166 Pa. Super. 16, 70 A.2d 657 (1950)

Read more at courtlistener.com. The source reveals the outcome.

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