Rieker v. Koechling

Citations

• 4 Pa. Super. 286
• 1897 Pa. Super. LEXIS 119

Syllabus

<p>Bailment — Contracts to buy at expiration of term of lease.</p> <p>An option to buy at the expiration of the' term of a lease, upon payment of an additional sum, has frequently been held to be proper in contracts of bailment.</p> <p>Contracts — Bailment a question of intention.</p> <p>The courts in determining whether or not the contract was one of bailment, or one of sale with an attempt to retain a lien for the price do not consider what name the parties have given to the contract.</p> <p>Contracts — Lease of chattels — Option to buy — Bailment.</p> <p>Where the writing shows a clear intention to make a contract of bailment and that it was not a pretense but a fact, and where the property is “ rented and let ” “ for the use, lease and hiring of the same ” and the second party agrees to pay a fixed monthly rental and in default of payment to vacate the premises and to deliver up the fixtures, with an option to purchase, after the expiration of the lease, for $100 additional, and where there is nothing in the writing or testimony to warrant the court in doubting the fairness of the amount of the payments as rent; and where the identity and value of the property is preserved so that the bailor may have his own again, the contract is one of bailment and not of sale, and the goods are not subject to execution for the debts of the bailee.</p>