Durr v. Replogle

Citations

• 167 Pa. 347
• 31 A. 645
• 1895 Pa. LEXIS 909

Syllabus

<p>(Joniract — Bailment—Bale—Judgment—Betaking possession of goods.</p> <p>Goods valued at a specified amount were delivered by A to B, under an agreement that certain sums for their “ care, use and hire ” should be paid at stated intervals, A to make a bill of sale for them to B, if he so elects, upon payment of such sum as would, with previous payments of hire, amount to the sum specified as their value; and providing that no title should pass until the whole of said sum should have been paid; and providing further that if default should be made in the payment of any of the “ installments of hire,” A should be at liberty either to enter judgment for the amount “ of the said and other unpaid installments of hire,” or enter into the place where the goods should be kept, and take and repossess them. After an installment had become due judgment was entered under the warrant of attorney in the agreement, and subsequently A entered and took possession of the goods. About one hour after the goods were taken, judgment was entered against B by the defendant, and a fi. fa. issued thereon. Held, that the defendant’s fi. fa. gave him no lien on the goods.</p>