Wagner v. Prettyman
Superior Court of Pennsylvania
Appeal, No. 216, Oct. T., 1912, by plaintiffs, from order of C. P. No. 2, Phila. Co., Sept. Term, 1911, No. 1,247, discharging rule for judgment for want of a sufficient affidavit of defense in case of Henry C. Wagner to the use of Margaret Wagner, Assignee of M. J. Farren, Assignee of Henry C. Wagner, v. Sarah Prettyman, also known as Mrs. A. Elwood Lancaster. Replevin for a piano. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 216, Oct. T., 1912, by plaintiffs, from order of C. P. No. 2, Phila. Co., Sept. Term, 1911, No. 1,247, discharging rule for judgment for want of a sufficient affidavit of defense in case of Henry C. Wagner to the use of Margaret Wagner, Assignee of M. J. Farren, Assignee of Henry C. Wagner, v. Sarah Prettyman, also known as Mrs. A. Elwood Lancaster. Replevin for a piano. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff leased a piano to the defendant on February 14, 1910, and delivered possession of the same. By the terms of the contract the lessee was to pay $7.00 a month for two years as rent and if at the end of that period the lessee should pay $57.00 in addition to the rent reserved the lessor agreed to transfer the title to the piano by a bill of sale. The lease further provided that if default be made at any time in the payment of any installment of rent as the same became due and payable then the bailment would forthwith cease and determine and the first party…
2Cases cited5 opinions
- Hall's Safe Co. v. WalenkSuperior Court of Pennsylvania · 1910
- National Cash Register Co. v. CochranSuperior Court of Pennsylvania · 1903
- Macky v. DillingerSupreme Court of Pennsylvania · 1873
- Peterson v. HaightSupreme Court of Pennsylvania · 1838
- Eureka Knitting Co. v. SnyderSuperior Court of Pennsylvania · 1908