Jacob v. Groff

Citations

• 19 Pa. Super. 144
• 1902 Pa. Super. LEXIS 49

Syllabus

<p>Bailment — Termination of contract — Ghoice of remedies — Promissory notes.</p> <p>A lease of a piano, admitted to be a bailment, provided for the payment of a rental of $50.00 per quarter, and also provided that the lessee should give to the lessor on account of the rental, “ the lessee’s promissory note for the sum of $350, payable in three months from the date hereof, but as the lessee shall pay an instalment of rental from time to time in cash, the said note shall be surrendered up to the lessee, and a new note shall be given by the lessee for a like period for the residue of said rental.” • The lessee did not pay the instalment of $50.00 due at the maturity of the note. The note, however, prior to its maturity had been discounted by a bank for the bailor. It was not paid at maturity and the bank brought suit against the bailee. This suit was compromised by a payment of cash and notes to the bailor. After the settlement the bailee sold the piano to another person. Held (1) that the action of the bailor in having the note discounted, thereby putting it out of his power to comply with the terms of the lease, terminated the contract; (2) that upon default the bailor had the right either to sue upon the note, or take the piano, and that having elected the first remedy, he was barred from the second; (3) that while the parties had the right by agreement to revive the bailment, before the rights of other parties had accrued, the mere fact of the payment of cash and notes in settlement of the suit, did not of itself revive the defunct bailment in the absence of an express agreement to that effect.</p>