Farquhar v. McAlevy

Citations

• 142 Pa. 233
• 21 A. 811
• 1891 Pa. LEXIS 728

Syllabus

<p>(a) Machinery was delivered under a contract termed a “ lease,” the lessee promising to pay a sum certain in instalments, “ as hire in advance for the use of said machinery so long as I shall retain it; ” in case the instalments were unpaid when due, the lessor might take tiie machinery, without trespass, the hire then unpaid to tie forfeited.</p> <p>(6) It was also provided: “ When I have fully complied with the conditions .... , I am to have the privilege of buying said machinery .....upon my paying the sum of $1,” on a day certain, “ otherwise the title to said machinery to remain in the said ” lessor, “ as aforesaid.” One half the “hire” being paid, the property was levied upon as belonging to the lessee:</p> <p>1. There being no express stipulation for a return of the property to the alleged lessor at the end of the term, the transaction was a conditional sale, not a bailment, and the property was subject to the execution: Stadtfeld v. Huntsman, 92 Pa. 53, followed; Rowe v. Sharp, 51 Pa. 26, distinguished; Enlow v. Klein, 79 Pa. 488, limited to its own peculiar facts.</p> <p>2. “ We notice that many of the Pennsylvania eases, referred to in the paper-book of the appellee, are cited by the name of the reporter, in violation of the Rule of Court. Had this been observed on the argument, the paper-book would have been suppressed: ” Per Curiam. [See Rule XXVI., as amended on June 7, 1889: 125 Pa. xxn.</p>