Smith v. J. I. Case Threshing Machine Co.
Superior Court of Pennsylvania
Appeal, No. 110, April T., 1911, by defendant, from judgment of C. P. Beaver Co., Sept. Term, 1908, No. 199, on verdict for plaintiff in case of W. J. Smith and W. S. Smith v. J. I. Case Threshing Machine Company. Assumpsit for breach of contract. Before Holt, P. J. The facts appear in the opinion of the Superior Court.
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Appeal, No. 110, April T., 1911, by defendant, from judgment of C. P. Beaver Co., Sept. Term, 1908, No. 199, on verdict for plaintiff in case of W. J. Smith and W. S. Smith v. J. I. Case Threshing Machine Company. Assumpsit for breach of contract. Before Holt, P. J. The facts appear in the opinion of the Superior Court. At the trial the court charged in part as follows: [On the other hand, gentlemen of the jury, the plaintiffs take the position that there was no forfeiture or termination of the contract, but that the process of execution was simply a means of payment; and that on June 9, when…
1Opinion of the Court
Opinion by
Rice, P. J.,
By writing dated April 6, 1907, the parties entered into a contract of bailment whereby the defendant leased to the plaintiffs a threshing machine and appurtenances for a term beginning on that date and ending on November 15, 1909, the plaintiffs agreeing to pay as rent or hire the sum of $1,708.50, as follows, namely: $569.50 on delivery, and installments of $284.75 each on September 15,1907, September 15,1908, November 15,1908, *95and November 15, 1909, the deferred payments to be secured by judgment notes bearing even date with the lease. It was further agreed that at…
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- McCrossan v. ReillySuperior Court of Pennsylvania · 1907
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