Green & Sons v. Bauer
Superior Court of Pennsylvania
Appeal, No. 150, April T., 1900, by plaintiffs, in suit of Robert M. Green & Sons against Andrew Bauer, from judgment of C. P. No. 3, Allegheny Co., May T., 1897, No. 528, on verdict for defendant. Opinion by Oblady, J. Replevin. Before Evans, J. It appears from the record that plaintiff brought replevin to recover a soda water apparatus of the declared value of $125. Defendant gave a counter property bond, pleaded non cepit and retained the goods.
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Appeal, No. 150, April T., 1900, by plaintiffs, in suit of Robert M. Green & Sons against Andrew Bauer, from judgment of C. P. No. 3, Allegheny Co., May T., 1897, No. 528, on verdict for defendant. Opinion by Oblady, J. Replevin. Before Evans, J. It appears from the record that plaintiff brought replevin to recover a soda water apparatus of the declared value of $125. Defendant gave a counter property bond, pleaded non cepit and retained the goods. At the trial the title of the property was admitted by defendant to be in the plaintiffs, and the only question for the jury was the amount of…
1Opinion of the Court
Opinion by
Oelady, J.,
The plaintiffs issued a writ of replevin for a soda water apparatus of the declared value of f 125, as recited in the praecipe, writ and statement. The defendant gave a counter property bond, pleaded non cepit and property, and retained the goods.
The defendant had the soda water apparatus in his possession under a lease, which contained a right to purchase it under certain conditions. On the trial the learned court instructed the jury that there was a forfeiture of the defendant’s right to purchase, and, on an enforcement of that forfeiture, the title to the fountain…
2Cases cited2 opinions
- Arthur v. JamesSupreme Court of Pennsylvania · 1857
- Bascom v. Danville Stove & Manufacturing Co.Supreme Court of Pennsylvania · 1897
3Cited by4 opinions
- Gaspero v. GentileSuperior Court of Pennsylvania · 1946
- National Cash Register Co. v. CochranSuperior Court of Pennsylvania · 1903
- Brown v. JudgeSuperior Court of Pennsylvania · 1921
- Perloff v. Halpern, Pennsylvania Court of Common Pleas, Philadelphia County1927