Patterson v. Hires Condensed Milk Co.

Citations

• 63 Pa. Super. 424

Syllabus

<p>Contract — Bailment — Lease of cows — Forfeiture — Set-off — Waiver.</p> <p>Eight cows owned by a milk company were leased to a farmer under an agreement in writing by which the lease was fixed for eighteen months at a certain rental per month; the lessee was to sell all of the milk from the cows to the company, and the latter was to retain twenty per cent, of the monthly receipts during the term. At the end of the term the lessee, if not in default, was to have the cows as his own property. During the term he was to feed and properly keep them, and to replace any that died. After the expiration of several months, two of the cows died, and he did not replace them. Subsequently the lessor took back the six cows without demand or notice. The lessee brought an action to recover the percentages retained by the lessor, and the latter at the trial sought to set off the valúe of the two cows that had died. The lessor offered evidence to .show that the company had agreed that he should not replace the cows, and the evidence as to whether they had been properly fed was conflicting. Held, that the ease was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>