Euwer v. Greer
Superior Court of Pennsylvania
Appeal, No. 126, April T., 1905, by defendants, from judgment of C. P. Lawrence Co., March T., 1904, No. 93, on case stated in suit of J. N. Euwer’s Sons’ Sons v. Josiah Greer and John F. Greer, trading as J. Greer & Son. Case stated to determine liability on a contract. The case stated was as follows : And now, April 5, 1904, it is hereby agreed by and between the parties to the above suit that the following case be stated for the opinion of the court.
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Appeal, No. 126, April T., 1905, by defendants, from judgment of C. P. Lawrence Co., March T., 1904, No. 93, on case stated in suit of J. N. Euwer’s Sons’ Sons v. Josiah Greer and John F. Greer, trading as J. Greer & Son. Case stated to determine liability on a contract. The case stated was as follows : And now, April 5, 1904, it is hereby agreed by and between the parties to the above suit that the following case be stated for the opinion of the court. If the court be of the opinion that the contract attached to and made a part of plaintiff’s affidavit of claim, and marked Exhibit 44 A ” be…
1Opinion of the Court
Opinion by
Hendebson, J.,
This case was heard in the court below on a case stated, and turns on the interpretation to be given to the contract attached to the plaintiff’s statement of claim. This contract is in form a lease of the chattels therein described, and creates a bailment. It provides for a letting for hire for a fixed amount during a definite term, and for a return of the leased property to the lessor at the expiration of the term. It is also expressly • provided that the contract is one of renting only and not a sale, conditional or otherwise. This is not a controlling consideration,…
2Cases cited6 opinions
- Stiles v. SeatonSupreme Court of Pennsylvania · 1901
- Painter v. SnyderSuperior Court of Pennsylvania · 1903
- Enlow v. KleinSupreme Court of Pennsylvania · 1875
- Lippincott v. ScottSupreme Court of Pennsylvania · 1901
- Ditman v. C. B. Cottrell & SonsSupreme Court of Pennsylvania · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- National Cash Register Co. v. ShurberSuperior Court of Pennsylvania · 1909
- Wilson v. WeaverSuperior Court of Pennsylvania · 1917
- Gotthold v. Crompton & Knowles Loom WorksCourt of Appeals for the Third Circuit · 1925
- Groves v. LewisSuperior Court of Pennsylvania · 1913