James H. Link Machinery Co. v. Continental Trust Co.
Supreme Court of Pennsylvania
Oct. T., 1909, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1906, No. 375, on verdict for plaintiff in case of James H. I .ink Machinery Company v. Continental Trust Company. Replevin for machinery. Before Frazer, P. J. From the record it appeared that the machinery in question had been purchased at a sheriff’s sale on an execution against the Pittsburg Saw Mill Lumber Company.
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Oct. T., 1909, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1906, No. 375, on verdict for plaintiff in case of James H. I .ink Machinery Company v. Continental Trust Company. Replevin for machinery. Before Frazer, P. J. From the record it appeared that the machinery in question had been purchased at a sheriff’s sale on an execution against the Pittsburg Saw Mill Lumber Company. From the evidence it appeared that the lumber company had received it from one D. B. Evans. The question of ownership turned upon the construction of the following agreement in writing: “This is…
1Opinion of the Court
Per Curiam,
January 3, 1910:
The court properly instructed the jury that the agreement under which the plaintiff claimed title to the machinery for which replevin was brought, was on its face a bailment. Whether at the time the agreement was entered into there was an understanding between the parties to it that there was a sale, and the agreement was intended to secure the price, and whether the agreement had been subsequently modified or superseded were questions properly submitted.
The judgment is affirmed.
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