Stern v. Haven

Citations

• 72 Pa. Super. 164
• 1919 Pa. Super. LEXIS 273

Syllabus

<p>Practice, O. P. — Replevin—Affidavit of defense.</p> <p>In an action of replevin for the recovery of an automobile leased on a bailment, an affidavit of defense is insufficient, which, admits the execution of the lease and default of payment, and avers that the ear which the defendant received under the lease, was not the one contemplated in his negotiations with the plaintiff, some days prior to the signing of the lease and the transfer of the property. If the defendant, in such proceedings, believed himself to have been defrauded by a substitution of an inferior machine, it was his duty to return the car and demand the money, which had been paid in advance, or to keep it under the terms and conditions of the lease. He could not both keep the car and refuse to pay the rental as it accrued.</p>