Harris v. Shaw

Citations

• 17 Pa. Super. 1
• 1901 Pa. Super. LEXIS 242

Syllabus

<p>Landlord and tenant — Waiver of appraisement — Trespass.</p> <p>If in ignorance of a stranger’s claim of title to goods on demised premises, the landlord accepts a waiver of appraisement from the tenant, the landlord in respect to such' stranger is a trespasser, and if he sells the stranger’s goods, he is liable to the owner in an action of trespass.</p> <p>Bailment — Conditional sale — Lease.</p> <p>A contract purporting to be a letting of personal property for hire on monthly payments for a term absolutely fixed with a right reserved to the lessor to compel restitution of the property on default of payment of any of the sums payable monthly, and with a provision added that the lessee on payment of a specified sum, after the expiration of the lease, may become the owner of the property, constitutes a bailment, and not a conditional sale.</p> <p>In such a case the absence of a clause stipulating for a return of the property to the lessor at the expiration of the lease is immaterial, and it is also immaterial that the agreement provided that if the lessee should be deprived of the use of any of the property by reason of the assertion of a title superior to that of the lessor, the weekly rental should decrease in proportion to the value of the articles of which the lessee would thus be deprived.</p>