Wolff Dryer Co. v. Bigler
Supreme Court of Pennsylvania
Appeal, No. 4, May T., 1899, by defendants, from judgment of C. P. Dauphin Co., Sept. T., 1896, No. 292, on verdict for plaintiff. Replevin to determine the ownership of certain brick drying machines. Before Simonton, P. J. At the trial it appeared that plaintiff was a corporation of the state of Illinois.
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Appeal, No. 4, May T., 1899, by defendants, from judgment of C. P. Dauphin Co., Sept. T., 1896, No. 292, on verdict for plaintiff. Replevin to determine the ownership of certain brick drying machines. Before Simonton, P. J. At the trial it appeared that plaintiff was a corporation of the state of Illinois. On January 31,1895, A. F. Barron, agent of the plaintiff, made a contract with the defendants, by which the plaintiff granted to defendants the right to erect an “ Iron Clad Brick Dryer,” the buildings for which were to be built by defendants, according to plans and specifications of the…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
By the original contract between the parties the plaintiff granted to the defendants the right to construct and use a machine for drying bricks, and agreed to sell them the parts of the machine and numerous appliances necessary for its use at a stated price. The buildings required were to be constructed by the defendants. After the machine was set up it was to be tested, and then accepted or rejected. If accepted it was to remain the property of the plaintiff until paid for, with the right to remove it if payments were not made as provided by the agreement. If…
2Cases cited1 opinion
- W. B. Mearshon & Co. v. Pottsville Lumber Co.Supreme Court of Pennsylvania · 1898
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- Hoffman Construction Co. v. ErwinSupreme Court of Pennsylvania · 1938
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