Porter v. Duncan

Citations

• 23 Pa. Super. 58
• 1903 Pa. Super. LEXIS 14

Syllabus

<p>Bailment — Conditional sale — Possession—Return of goods.</p> <p>A contract in writing letting a horse and wagon for a' definite term for a certain sum to be paid monthly is a bailment, and it is immaterial that there was no express stipulation for the return of the goods on the expiration of the definite term, or that the bailor never had actual manual possession of the goods, if the title was vested in him, and he directed his vendor to deliver the goods to the bailee under the contract of bailment.</p> <p>Justice of the peace — Jurisdiction—Wrongful sale of property — Damages.</p> <p>In an action before a justice of the peace plaintiff’s claim was for “ the sum of $175 and damages for the wrongful selling of his property under execution lor the debt of another.” The suit was brought two years after the sale and the judgment was for $195. Held, that the words “ and damages ” did not oust the jurisdiction of the justice.</p>