Commercial Car Co. v. Murphy
Supreme Court of Pennsylvania
Appeal, No. 3, May T., 1922, by defendant, from judgment of C. P. Dauphin Co., March T., 1918, No. 18, on verdict for plaintiff, in case of Commercial Car Company, E. J. Cavander, for use of Mercantile Trust Co. v. W. H. Murpby & Sons. Replevin for motor truck. Before Hargest, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff by direction and judgment thereon. Defendant appealed.
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Appeal, No. 3, May T., 1922, by defendant, from judgment of C. P. Dauphin Co., March T., 1918, No. 18, on verdict for plaintiff, in case of Commercial Car Company, E. J. Cavander, for use of Mercantile Trust Co. v. W. H. Murpby & Sons. Replevin for motor truck. Before Hargest, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff by direction and judgment thereon. Defendant appealed. Errors assigned were ruling and instructions, appearing by the opinion of the Supreme Court, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff delivered to defendants a motor truck, upon a written lease which provided that, if the payments specified were not promptly made, the lessor could retake possession; because, of the failure to pay, as therein provided, plaintiff issued the writ of replevin in this case and recovered possession of the truck. At the trial defendants admitted the execution of the lease and failure to make the payments required by it; but offered to prove certain alleged misrepresentations made to them at or before the time it was signed. This offer being rejected, and no…
2Cases cited3 opinions
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- Jackson v. GoodeDistrict of Columbia Court of Appeals · 1946
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