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· 3/5/1921

Automobile Finance Co. v. Brownstein

Citations

  • 76 Pa. Super. 197
  • 1921 Pa. Super. LEXIS 116

Syllabus

<p>Bailments — Bailment leases — Automobiles—Replevin—Affidavit of defense — Aver merits — Buffi ciency.</p> <p>In an action of replevin to recover an automobile, leased on a bailment lease providing- that upon payment of the entire rental and the additional sum of one dollar the automobile should become the property of the lessee, an affidavit of defense is sufficient, which avers that the defendant had paid five hundred dollars on account of rent, that the plaintiff had agreed to procure accident insurance, which he did not procure, that the defendant suffered an accident which necessitated repairs to the machine, and that he tendered the plaintiff the entire balance due under the lease, less the amount of repairs which plaintiff had agreed to pay.</p>

Judges: Eeller, Head, Henderson, Linn, Oelady, Portee, Trexler

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