Groves v. Lewis

Citations

• 53 Pa. Super. 511
• 1913 Pa. Super. LEXIS 212

Syllabus

<p>Bailment — Conditional sale — Lease of piano.</p> <p>1. Where a contract imports on its face to be the lease of a piano and provides for the payment of certain installments of rent each month, and further provides that if the lessee desires to purchase the piano he may do so by paying $1.00 in addition after all the rent has been paid, the contract constitutes a bailment and not a conditional sale.</p> <p>Landlord and tenant — Distress—Seizure and sale of leased chattel off the premises — Notice—Act of May 13, 1876, P. L. 171.</p> <p>2. Where a piano leased under a bailment has been removed from a rented house, and after such removal has been seized and sold by the landlord for rent due by a tenant having no interest in the piano, the lessor of the piano may recover in replevin although he gave no notice to the landlord of his title as provided by the Act of May 13, 1876, P.L. 171.</p> <p>3. Where a daughter leases a piano under a contract of bailment and places it in a house rented by her mother, the fact that the mother pledges the piano for rent in the presence of the daughter, who makes no objection, does not affect the title of the owner of the piano who had leased it to the daughter.</p> <p>4. A purchaser at a sheriff’s sale of a piano leased under a bailment takes only the interest of the lessee, and if that interest has ceased, he cannot hold the piano as against the lessor.</p>