Case Study:
This case found itself all the way to the Supreme Court of Pennsylvania.
BIG KNOB VOL., ETC. v. LOWE & MOYER, ETC. | Leagle.com
Please read the Supreme Court’s decision and address the questions below:
- Does the SC think the Department was a “buyer” of the fire truck? What is its reasoning?
- What is replevin? (again, Google away to research) and explain it as it relates to this case.
- Obviously, the SC feels the issue of whether the Department was a “buyer in ordinary course” is central to this case, even though conflicting case law can be found. What criteria does the SC list in its own analysis, and what is their ultimate decision on this question? Do you agree with them?
- The SC sends the case back, at least in part, to the trial court for a judgment on certain facts. What issue does the SC want the trial court to decide?
- You are the judge at remand in the trial court. What would your holding be on the question the SC asked you to resolve? (They definitely gave some “GUIDANCE” as to how they thought it should be considered!)