Seanor & Bierer v. McLaughlin
Supreme Court of Pennsylvania
Appeal, No. 45, Oct. T., 1894, by plaintiffs, from judgment of C. P. Westmoreland Co., Feb. T., 1890, No. 414, on verdict for defendant. Issue to determine validity of judgment. Before Dott, P. J. At the trial it appeared that judgment had been entered upon a bond given by defendant to plaintiffs as collateral security for the payment of certain installments of hire of a threshing machine and traction engine.
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Appeal, No. 45, Oct. T., 1894, by plaintiffs, from judgment of C. P. Westmoreland Co., Feb. T., 1890, No. 414, on verdict for defendant. Issue to determine validity of judgment. Before Dott, P. J. At the trial it appeared that judgment had been entered upon a bond given by defendant to plaintiffs as collateral security for the payment of certain installments of hire of a threshing machine and traction engine. The lease under which the machines were hired provided as follows: “ Know all men by these presents: That I, Samuel McLaughlin, of Salem borough, Westmoreland county, Penn’a, have leased…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiffs were manufacturers of agricultural implements. The defendant traveled from place to place threshing fanners’ crops. On the second of September, 1889, the plaintiffs put in defendant’s possession a traction engine and thresher, he to use the same with care and keep in good order. The contract was one of hiring or bailment. As the parties evidently intended the event should be an absolute purchase, for security, the vendors retained the title until final payment of the hire. The sum of the hire was the price of the machine, $1,700, to be paid as…
2Cases cited2 opinions
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