Wilson v. Weaver

Citations

• 66 Pa. Super. 599
• 1917 Pa. Super. LEXIS 325

Syllabus

<p>Bailment — Conditional sale — Giving notes — Notes hearing interest.</p> <p>An agreement in -writing which has all the elements of a.lease, is not converted into a conditional sale by the fact that the lessee instead of giving notes for $100 each, due at intervals of sixty days as provided by the agreement, gave one note for the entire sum due in sixty days* and at the end of sixty days paid $100 and gave a new note for the balance. The character of the transaction is not affected by the fact that the new note was for three months with another person joined as a maker.</p> <p>Provisions for interest and promissory notes are recognized as being legitimate parts of a bailment contract in Pennsylvania.</p> <p>Where a bailor elects not to proceed upon notes given for rental, but retains them and proceeds upon the lease by claiming the goods levied upon as the property of the bailee, the bailment continues in force, and the bailor has a right to claim the goods as his property.</p>