F. A. North & Co. v. Williams

Citations

• 120 Pa. 109
• 13 A. 723
• 1888 Pa. LEXIS 463

Syllabus

<p>The plaintiff by a written contract leased a piano from the defendant for twenty-five months at a certain sum payable in monthly instalments, with the privilege during or at the end of the term of purchasing the instrument for the difference between the said sum and the amount of monthly instalments paid.</p> <p>The agreement contained a clause whereby in default of any monthly payment the lessor should re-deliver the instrument within five days thereafter, or permit the lessor to enter upon any premises where it might be and without let or hindrance take away the same.</p> <p>The plaintiff being in default of payment for more than five days, the defendant’s agent entered at plaintiff’s door saying he came to tune Hie piano, and while the plaintiff went to call his wife, the agent with two employees, and against the protests of the plaintiff and his wife, took the piano away.</p> <p>In an action for damages, the plaintiff testifying inter alia that when he signed the contract the defendant’s agent said he should have three years in which to pay for the instrument as a purchase, which was denied by the agent: Held,</p> <p>1. That the written contract, duly executed, spoke for itself and could not be overthrown upon the mere opposing testimony of one party, contradicted by the oath of the other.</p> <p>2. That no previous demand for the piano, nor the exhibition of any authority, was necessary, in order to justify the entry and the removal of the instrument.</p> <p>3. That, even if the entrance of the agent was obtained upon a false reason given, under the contract the entry and removal of the instrument was consentible and gave no ground for an action of trespass.</p>