Packard Motor Car Co. v. Mazer

Citations

• 77 Pa. Super. 348
• 1921 Pa. Super. LEXIS 269

Syllabus

<p>Bailments — Bailee’s interest — Execution—Tender of payment— Default.</p> <p>A bailee, under a lease with right to purchase, who has paid more than half of the amount due under the lease, has a substantial interest in the property, and such an interest is subject to seizure and sale for his debts.</p> <p>The refusal, of a bailor to accept the balance due him on a contract of bailment, estops him from asserting as a breach the bailee’s refusal to render that which he himself refused to accept. The bailee having tendered payment, which bailor refused to accept, the bailor cannot set up default in that payment to justify seizure of the automobile bailed, as against the rights of the execution creditor of the bailee.</p> <p>Replevin — Judgment by default — Effect—Rights of third parties.</p> <p>A judgment by default in an action of replevin, is of no effect as against one who was not a party to the action and was not in possession of the property to be replevied.</p>