Smith v. J. I. Case Threshing Machine Co.

Citations

• 50 Pa. Super. 92
• 1912 Pa. Super. LEXIS 12

Syllabus

<p>Bailment — Installment lease — Default—Right of lessor to retake possession — Damages.</p> <p>1. Where a contract of bailment in the form of an installment lease provides that in case of default the lessor shall have a right “to forthwith terminate this lease, take immediate possession of the said leased property, and collect the rent earned therefor to the date of taking the same,” the lessor cannot after he has accepted an installment in default retake possession of the property before another default occurs; and this is the case although he may have enforced his demand for payment of the installment by legal process.</p> <p>2. Where an installment lease of personal property gives the lessor the right on default by the lessee, to take immediate possession of the leased property, and collect the rent earned therefor to the date of taking the same, and the lessor takes possession of the property after the payment of an installment which had been in default, and it also appears that the lessee had a right to purchase the property at the end of the term for a nominal sum, the measure of damages against the lessor was the amount of rental paid subject to the deduction for the use of the chattel for the time that it remained in the possession of the lessee.</p> <p>3. Where a plaintiff has only a special limited interest in a chattel converted with a right to possession, and the general property is in the defendant, the plaintiS is entitled to recover only the full value of his special limited interest, and not the full value of the property.</p> <p>4. A bailment even for a stipulated period may be dissolved by mutual agreement at any time. Where the evidence as to such mutual agreement is conflicting, and the words of a conversation between the parties in reference to it are susceptible to more than one interpretation, the question of the existence of such an agreement is for the jury.</p>