General Aviation Equipment Co. v. Fred C. Good & Son, Inc.

Winnet, J.,

Defendant has filed a counterclaim to a replevin suit brought by plaintiff. It can be sustained only if it shows a right of possession in the articles being replevied. Nothing can be tried in an action of replevin but the right of possession of the property in controversy: Nicolette Lumber Co. v. People’s Coal Co., 213 Pa. 379. Defendant claims a right of possession by asserting a common-law lien in the property.

Plaintiff holds a contract from the Air Corps of the United States War Department for the manufacture of camera mount assemblies. It subcontracted with defendant to prepare…