Hoffman v. Auto Security Co.

Citations

• 75 Pa. Super. 524
• 1921 Pa. Super. LEXIS 54

Syllabus

<p>Rales — Automobiles — Bailment leases —Fraud- — Recovery of purchase price.</p> <p>In an action to recover the amount paid on the purchase price of an automobile, a statement of claim averred that the car was purchased from an automobile company and financed through the agency of a loan company recommended by the vendor. It further appeared that the loan company guaranteed that the motor truck was fit for the purposes of the plaintiffs and in good condition and repair. The statement also averred that the plaintiffs, at the request of the defendant, signed a written agreement which they were told by the defendant must be executed in order to show ownership in the car, which instead of being such a paper, was what is commonly known as a bailment lease. Subsequently the truck was found to be useless and the defendant was notified to that effect and asked to place the same in good condition. Instead of so doing, the defendant seized the motor truck under a writ of replevin. The plaintiffs then brought an action to recover the purchase price.</p> <p>Held, that the statement of claim was sufficient.</p>