Moneyweight Scale Co. v. Woodward

Citations

• 29 Pa. Super. 142
• 1905 Pa. Super. LEXIS 280

Syllabus

<p>Contract — Bailment—Rescission.</p> <p>The duty of a bailee who receives a chattel under an executory contract of hiring for a definite period, to inspect and accept or reject with reasonable promptness, is not different from that which the law imposes upon a purchaser who buys under an executory contract of sale.</p> <p>When a party discovers facts which warrant a rescission of his contract, it is his duty to act promptly and, in case he elects to rescind, notify the other party without delay. Omission to repudiate within a reasonable time is evidence, and may be conclusive evidence of an election to affirm the contract. What is a reasonable time within which to exercise the right of rescission is, when the facts are undisputed, a question of law to be determined by the court.</p> <p>An agreement in writing to lease a scale for a definite term at a rental named, with a covenant to return the scale in good condition at the end of the term, and with the privilege to purchase the same by the payment of an additional dollar after the expiration of the term, is a contract of bailment; and if the bailee takes the scale, uses it in his business for a period longer than the term of the lease, he cannot refuse to pay the rental because of an alleged defect which he admitted he discovered shortly after he received the scal'e, and as to which he made no complaint to the bailor, or used as a basis for the rescission of the contract.</p> <p>Contract — Bailment—Evidence—Advertisements.</p> <p>In an action to recover rental under a lease of personal property, where the defendant sets up an alleged defect in the property leased, circulars and advertisements isued by the bailor are inadmissible in evidence where there is no evidence that they affected or influenced the bailee in making the contract.</p>