Mason & Hamlin Co. v. Devon Manor School
Supreme Court of Pennsylvania
Appeal, No. 319, Jan. T., 1922, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1920, No. 159, for defendant on affidavit of defense raising question of law, in case of Mason & Hamlin Company v. Devon Manor School. Replevin for four pianos. Before Hause, J. The opinion of the Supreme Court states the facts. Judgment for defendant on affidavit of defense raising question of law. Plaintiff appealed. Error assigned, inter alia, was judgment, quoting it.
1Opinion of the Court
Per Curiam,
This is an action of replevin, brought in August, 1920, for four pianos, which plaintiff had leased to defendant, in the preceding January, for the term of two years and three months, at the quarter yearly rental of $100. Default having been made as to one of said payments, this1 writ was issued. Defendant filed a counterbond and an affidavit of defense, raising law questions only, and this appeal by plaintiff is from judgment entered thereon for defendant.
There is no provision in the lease authorizing plaintiff to retake the property, or declare a forfeiture, for failure to pay…
2Cases cited4 opinions
- Thompson v. ChristieSupreme Court of Pennsylvania · 1890
- Marshall v. Forest Oil Co.Supreme Court of Pennsylvania · 1901
- Ferguson v. LautersteinSupreme Court of Pennsylvania · 1894
- Smith v. Peoples Natural Gas Co.Supreme Court of Pennsylvania · 1917
3Cited by1 opinion
- Walters v. United States Fidelity & Guaranty Co.New Mexico Supreme Court · 1930