Cobb & Chase v. A. Deiches & Co.

Citations

• 7 Pa. Super. 252
• 1898 Pa. Super. LEXIS 278

Syllabus

<p>Bailment — Sheriff's sale of leased chattels as bailee's properly.</p> <p>The title to chattels leased under a bailment for use, does not pass by a sheriffs sale upon execution, against the bailee, so as to vest in the sheriff’s vendee the lessee’s option to purchase, which was dependent upon the performance of obligations imposed by the lease, where failure of the latter has entailed a forfeiture of the former, prior to such sheriff’s sale.</p> <p>No right of the bailor could be affected by the sheriff’s sale and where the right of the bailor is to retake the leased property for failure on the part of the lessee to fulfill the obligations of the lease, the assertion of such a right is not to invoke a forfeiture but to enforce a contractual obligation expressed in words and implied in law.</p>