Peerless Soda Fountain Service Co. v. Lipschutz

Opinion by

Cunningham, J.,

The record on both sides of this case is lacking in the precision and formality which should obtain in matters of the nature here involved, but the merits are clearly with the appellant. The judgment, the striking off of which by the court below the plaintiff therein now assigns for error, was entered by agreement of counsel, the attorney for defendants acting under authority alleged to have been conferred by a provision in a written contract whereby plaintiff bailed a soda fountain to them. The writing, called a “contract of bailment of hire,” was dated April 20,…