United Shoe Machinery Co. v. Dean

Citations

• 51 Pa. Super. 88
• 1912 Pa. Super. LEXIS 184

Syllabus

<p>Landlord and tenant — Distress—Replevin—:Use of patented machinery —Damages.</p> <p>Where patented machinery is leased under a contract by which the title to the machinery remains in the lessor, and only a license to use it is granted to the lessee, and it is provided by the contract that the lease shall cease if any distress be levied on the machinery, the landlord of the lessee who distrains the machinery and buys it in at his own sale, takes a good title to the machinery as such, but not to any right or license to use it; and if the lessor replevins the machinery, the measure of the landlord’s damages is the mere value of the machinery as material without any right to use it for the purpose for which it was constructed.</p>