Guernsey v. Moon
Superior Court of Pennsylvania
Appeal, No. 20, March T., 1911, by defendant, from order of C. P. Luzerne Co., Feb. T., 1910, No. 844, making absolute rule for judgment for want of a sufficient affidavit of defense in case of M. W. Guernsey v. J. C. Moon. Replevin for one buckskin horse, one buggy and one set of single harness. Before McClure, P. J., specially presiding.
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Appeal, No. 20, March T., 1911, by defendant, from order of C. P. Luzerne Co., Feb. T., 1910, No. 844, making absolute rule for judgment for want of a sufficient affidavit of defense in case of M. W. Guernsey v. J. C. Moon. Replevin for one buckskin horse, one buggy and one set of single harness. Before McClure, P. J., specially presiding. From the record it appeared that the plaintiff leased under a written contract of bailment the chattels in controversy to the defendant for a certain rental per month, with a provision that at the end of the term, if all installments of rent were paid, the…
1Opinion of the Court
Opinion by
Oblady, J.,
The defendant signed and sealed a written contract by which he leased from the plaintiff a horse, buggy and harness upon terms and conditions which are clearly set out, and to relieve against future controversy in regard to the transaction, an added stipulation as follows: “I have received a copy of the above agreement and have no understanding verbal or otherwise differing from it,” was signed by the defendant. The contract is one of bailment, and this action of replevin is brought to recover possession of the property on account and by reason of admitted defaults in the…
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