Stern v. Hess

Citations

• 78 Pa. Super. 413
• 1922 Pa. Super. LEXIS 130

Syllabus

<p>Replevin — Automobiles—Bailment lease — Defense — Sufficiency —Question for the court.</p> <p>In an action of replevin to recover possession of an automobile under tbe provisions of a bailment lease, where the defense was fraud in procuring the contract, and the trial judge permitted the introduction of any testimony which the defendants saw fit to offer, in their endeavor to show fraud, evidence relating to a prior contract and a different automobile was of no validity to impeach the contract in suit. It was not error, in such case, to give binding instructions for tbe plaintiff, upon failure of tbe defendants to produce evidence which would bave warranted a finding that they had been induced to sign tbe lease by fraud, or that it did not contain all tbe covenants of tbe parties.</p>