Commercial Motors Mortgage Corp. v. Waters

Citations

• 280 Pa. 177
• 124 A. 327
• 1924 Pa. LEXIS 486

Syllabus

<p>Principal and agent — Findings of fact — Appeals.</p> <p>1. A finding by tbe court below on sufficient evidence that an agency in fact existed, will not be reversed on appeal, where no error is shown.</p> <p>Bailment — Assignment of lease — Conduct of bailor — Deception of public — Estoppel.</p> <p>2. Where the owner of a chattel so clothes another with apparent ownership, or authority to act, as to mislead or deceive the public, an estoppel may arise against the owner in favor of an innocent purchaser of the chattel.</p> <p>3. Where the bailor of a truck assigns a lease thereof to an agent, and the latter places the truck on exhibition in his sales room, such exhibition will not in itself estop the bailor from asserting title, but this fact, with proof of agency, will be sufficient to protect an innocent purchaser of the truck.</p> <p>Referees — Findings of fact — Conclusions—Exceptions.</p> <p>4. While a referee’s findings of fact are in general as conclusive as the verdict of a jury, yet where it,appears from the referee’s own findings that he has omitted consideration of certain elements of a decisive nature, the court on exception may consider such elements, and the evidence in relation thereto, and from them make its own findings.</p> <p>5. Where the facts found by a referee are mere deductions from undisputed testimony, they are given no greater weight than findings of law.</p> <p>6. The court may inquire into the evidence where it is apparent the referee failed to find pertinent facts, not because he did not believe the witnesses, but because he deemed the facts testified to by them immaterial.</p> <p>Replevin — Damages—Improper amount — Modification of judgment.</p> <p>7. On an appeal from a judgment in replevin for a truck, the amount of the judgment will be reduced by the appellate court, where it appears that a finding for probable use or profits, included as damages in the judgment, was not sustained by the evidence.</p>