Cincinnati Equipment Co. v. Strang

Citations

• 215 Pa. 475
• 64 A. 678
• 1906 Pa. LEXIS 826

Syllabus

<p>Contract — Bailment—Sale—Replevin.</p> <p>In an action of replevin it appeared that the plaintiff by an instrument in writing leased to the defendant a quantity of rails together with a steam shovel and a number of dump cars. A rental payable in installments was provided for, and it was further agreed that upon the payment of $10.00 in addition, defendants could purchase the equipment. It was also provided that in case of default in payment of rental plaintiff might take possession of the property. Throughout the contract the articles leased were repeatedly referred to as “said equipment.” The articles were separately valued. The cars and shovel were marked as the property of the plaintiff, while nothing of the kind was required with respect to the rails. It was also stipulated that the shovel and cars were not to be removed from the lessee’s work. Held, that the contract was a contract of bailment, and not a sale of the rails as well as of the shovel and cars, and that on default the lessors could seize the rails as well as the shovel and cars.</p>