Automobile Finance Co. v. Sloan

Citations

• 78 Pa. Super. 231
• 1922 Pa. Super. LEXIS 91

Syllabus

<p>Lease — Replevin—Time for payment of rentals — Extension tty agreement — Payment of interest — Question for jury.</p> <p>Where the lessee of an automobile was given the option of paying rentals, either in advance or in biweekly payments, and then pays one-half of the entire rental in advance, with interest upon the balance for the term of the lease, the question is properly for the jury as to whether or not the parties did not, by the payment and acceptance of such interest, extend the time for payment of rentals to the period for which interest was paid, there being no other explanation of such payment.</p> <p>In an action of replevin under such lease, instructions to the jury, to the effect that if they found that the interest payment was made, and that it purchased a credit of six months, then the writ was issued before the defendant was in default and the verdict should be in her favor, are without error. •</p>