Brunswick & Balke Co. v. Hoover
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county: Of October and November Term 1880, No. 180. Trespass by John M. Brunswick and others, trading as the J. M. Brunswick & Bailee Co., against C. M. Hoover, J. H. Windsor and John W. Windsor.
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Error to the Court of Common Pleas of Venango county: Of October and November Term 1880, No. 180. Trespass by John M. Brunswick and others, trading as the J. M. Brunswick & Bailee Co., against C. M. Hoover, J. H. Windsor and John W. Windsor. On the 28th of January 1878, the plaintiff company by their agent, H. F. Corbin, entered into the following contract: Oil City, Pa., January 28th 1878. Andrew E. Russell has this day ordered of The J. M. Brunswick & Balke Co., through H. F. Corbin, agent, subject, however, to -the approval of The J. M. Brunswick & Balke Co., four (4) carom tables : style…
1Opinion of the CourtJustice Paxson
In the recent case of Stadtfeld v. Huntsman, 11 Norris 53, we endeavored to point out with some care the distinction between a conditional sale and a bailment, and the line of cases commencing with Clow v. Woods, 5 S. & R. 275, and ending with Enlow v. Klein, 29 P. F. Smith 488, was considered and commented upon. We need not repeat what was there said.
The case in hand comes precisely within the ruling of Stadtfeld v. Huntsman. The transaction was a conditional sale. The attempt to disguise it under the cloak of a bailment was too clumsy to have the merit of being clever. The contract of…
2Cited by19 opinions
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- S. G. V. Co. v. S. G. V. Co.Supreme Court of Pennsylvania · 1919
- Bank of Secured Savings v. RudolphSuperior Court of Pennsylvania · 1924
- Hineman v. MatthewsSupreme Court of Pennsylvania · 1890
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