F. A. North Co. v. Tillott

Citations

• 71 Pa. Super. 267
• 1919 Pa. Super. LEXIS 86

Syllabus

<p>Bailments — Contemporaneous agreement — Replevin — Affidavit of defense.</p> <p>Where a balance of ten dollars remains unpaid on the purchase price of a piano, the vendor is not entitled to recover the piano in an action of replevin under the terms of the lease, where there was a contemporaneous agreement whereby such balance should not be paid until the plaintiff should be given a piano stool, which she did not receive.</p> <p>An affidavit of defense is sufficient which does not attempt to vary the terms of a lease, but alleges a new arrangement evidenced -in writing, upon a lawful consideration, .as to the payment of the last installment.</p>