Wilson v. Weaver
Superior Court of Pennsylvania
Appeal, No. 16, March T., 1917, by defendant, from judgment of O. P. Lycoming Co., Sept. T., 1915, No. 80, on verdict for plaintiff in case of H. H. Wilson v. George W. Weaver et al. Sheriff’s interpleader to determine title to two bay horses, one set double harness, one pair of bobsleds levied upon as the property of A. S. Wertz and claimed by H. H. Wilson.
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Appeal, No. 16, March T., 1917, by defendant, from judgment of O. P. Lycoming Co., Sept. T., 1915, No. 80, on verdict for plaintiff in case of H. H. Wilson v. George W. Weaver et al. Sheriff’s interpleader to determine title to two bay horses, one set double harness, one pair of bobsleds levied upon as the property of A. S. Wertz and claimed by H. H. Wilson. Before Whitehead, P. J. At the trial it appeared that on January 25, 1915, an agreement in writing was executed between H. H. Wilson and A. S. Wertz. The material portions of the agreement were as follows: This agreement of bailment made…
1Opinion of the Court
Opinion by
Kephart, J.,
This is an interpleader proceeding to determine the title to horses, sleds and harness. Was the bailment subsequently changed to a contract of sale? The first assignment of error, relating to the admission of a writing-dated January 25,1915, between the appellee and Wertz, who, it is claimed, bought the horses, was not pressed. Upon examination we find the assignment to be without merit, and it is therefore overruled.
The agreement has all the elements of a contract of lease dr bailment: Werley v. Dunn, 56 Pa. Superior Ct. 254. It should be treated as such unless the…
2Cases cited7 opinions
- Lippincott v. ScottSupreme Court of Pennsylvania · 1901
- Werley v. DunnSuperior Court of Pennsylvania · 1914
- Jacob v. GroffSuperior Court of Pennsylvania · 1902
- James H. Link Machinery Co. v. Continental Trust Co.Supreme Court of Pennsylvania · 1909
- Euwer v. GreerSuperior Court of Pennsylvania · 1905
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