B. L. P. Motor Co. v. Walsh

Citations

• 71 Pa. Super. 323
• 1919 Pa. Super. LEXIS 102

Syllabus

<p>Practice, O. P. — Replevin—Affidavit of defense.</p> <p>In an action of replevin for tbe recovery of an automobile leased on a bailment, an affidavit of defense is insufficient, which admits the execution of a lease, and default of payment of rent, but denieB that the plaintiff is entitled to the redelivery of the motor car, because the lease provided that “In -the event of the seizure of this car the B. L. P. Motor Company will refund a 1915 4-cyl. touring car in good running order.” Such a provision is not a condition precedent to the right of repossession.</p>