John F. Byers Machine Co. v. Risher
Superior Court of Pennsylvania
Appeal, No. 64, April T., 1909, by defendants, from judgment of C. P. Butler Co., March T., 1904, No. 19, on verdict for plaintiff in case of John-F. Byers Machine Company v. H. A. Risher and George A. Dean. Replevin for an engine and its equipment. Before Gad. BREATH, P. J. The facts are stated in the opinion of the Superior Court. . Verdict and judgment for plaintiff for $1,122.23. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Orlady, J.,
On April 4, 1903, the plaintiff company proposed in writing to furnish, packed and delivered, f. o. b. cars, Ravenna, Ohio, to George W. Smith, a hoisting engine and certain accessories, in which writing it was provided that the title to this. property was to remain in the name of, and be the property of *471John F. Byers Machine Company until fully paid for. This proposition was accepted by Smith in writing. Subsequently, on May 5, 1903, the parties by a more formal writing under seal, provided that the plaintiffs, as lessors, “hereby lease and hire the described property…
2Cases cited6 opinions
- Stiles v. SeatonSupreme Court of Pennsylvania · 1901
- Goss Printing Press Co. v. JordanSupreme Court of Pennsylvania · 1895
- Lippincott v. ScottSupreme Court of Pennsylvania · 1901
- Ditman v. C. B. Cottrell & SonsSupreme Court of Pennsylvania · 1889
- American Car & Foundry Co. v. Altoona & Beech Creek RailroadSupreme Court of Pennsylvania · 1907
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3Cited by4 opinions
- Schmidt v. BaderSupreme Court of Pennsylvania · 1925
- Walton v. TepelCourt of Appeals for the Third Circuit · 1913
- Commercial Inv. Trust Co. v. MinonCourt of Appeals for the Third Circuit · 1939
- Wilson v. WeaverSuperior Court of Pennsylvania · 1917