Ziegler v. McFarland

Citations

• 147 Pa. 607
• 23 A. 1045
• 1892 Pa. LEXIS 896

Syllabus

<p>Promissory note — Affidavit of defence.</p> <p>An affidavit of defence to an action on' a promissory note, which avers that the maker signed the note with the understanding that it was a mere matter of form, and not an obligation to pay.money, but only an undertaking to furnish a horse, is insufficient.</p> <p>Conditional payment — Misunderstanding—Settlement.</p> <p>Plaintiff held the note of defendant, which was given in repayment of the purchase money of a horse. The horse was kept by the defendant for several months, and then returned. Subsequently the defendant, in reply to a request for repayment of the purchase money, sent to the plaintiff a certain sum in cash and a receipted bill for the use of the horse while in plaintiff’s hands — the two amounts making up the sum due on the note. The defendant did not expressly state that the payment was conditioned on the acceptance of the receipt. The plaintiff kept the cash, but returned the receipt. Held, that this was not a full settlement of the plaintiff’s claim.</p> <p>Sale — Rescission—Liability for use of article.</p> <p>Where the parties rescind a sale of personal property, and the article which was paid for at the time of the sale is returned to the seller, in the absence of a condition to the contrary, there is no implied liability upon the part of the buyer to pay for the use of the article during the time it was in his possession.</p>