Lineaweaver's Estate

Citations

• 55 Pa. Super. 547
• 1914 Pa. Super. LEXIS 8

Syllabus

<p>Bailment — Personal property — Retention of possession after term— Hire and use — Wear and tear.</p> <p>1. A bailee of personal property is not liable under an implied contract for the hire and use of the same, if he is allowed to retain possession of such property by the bailor after the termination of the contract of bailment.</p> <p>2. Where a contract of bailment of a printing press provided for payment of hire and for payment of a stipulated annual sum for wear and tear, proof that the subject of bailment was not used during the bailee’s possession thereof, and that payment of the annual sum for wear and tear the first two and one-half years of the bailment was waived by mutual consent, will preclude the bailor from claiming such annual sum for wear and tear during a period which covered the last half of the third year of the contract and a half year subsequent to the termination of the contract.</p>