Philadelphia Lamp Manufacturing Co. v. Delaware Marine Supply Manufacturing Co.

Citations

• 28 Del. 81
• 5 Boyce 81
• 90 A. 595
• 1914 Del. LEXIS 13

Syllabus

<p>1. Bailment—Possession of Property—Rights of Bailee.</p> <p>Where a contract for the manufacture of certain lamp burners for plaintiff provided that plaintiff should deliver to defendant certain necessary tools, dies,, etc., to be used in the manufacture of the burners, such contract created a bailment of the property so delivered, carrying with it a right of possession in defendant until the contract was fully performed or terminated.</p> <p>2. Bailment—Termination—Right of Possession.</p> <p>PlaintiS delivered to defendant certain dies, tools, etc., to be used by defendant in the manufacture of certain lamp burners under a contract conferring on defendant the right to the possession thereof during the continuance of the contract. Thereafter plaintiff notified defendant of its- electian to rescind for defendant’s alleged breach of the contract to manufacture, and brought replevin to recover the property. Held, that plaintiff’s repudiation or rescission of the contract, whether justified or not, terminated defendant’s right to possession of the property, and vested in plaintiff the right to immediate possession thereof:</p>