Lippincott v. Scott

Supreme Court of Pennsylvania
Lippincott v. Scott, 198 Pa. 283 (Pa. 1901)
47 A. 1115; 1901 Pa. LEXIS 775
Brown, Fell, McCollum, Mestrezat, Mitchell, Potter

Lippincott v. Scott

Opinion of the Court

Per Curiam,

The appellant asserts that the principal question for consideration in this case is whether the agreement for the transfer of the soda water fountain was a bailment' or a conditional sale. The jury found by their verdict that it was a bailment. If the verdict was warranted by the evidence and no error was committed in the instructions to the jury, the verdict and the judgment thereon must prevail against the appellant’s claim. The written agreement of the parties appears on its face as a bailment. It is clearly within Rowe v. Sharp, 51 Pa. 26, Enlow v. Klein, 79 Pa. 488, Brown v. Billington, 163 Pa. 76, and Ditman v. Cottrell, 125 Pa. 606. The effort of the appellant to make the agreement appear as a conditional sale has no material or satisfactory evidence to support it. As to the instructions complained of it is sufficient to say that we have discovered no error, or anything of an unfair or partial nature in them.

Judgment affirmed.

Reference

Cited By
15 cases
Status
Published
Syllabus
Lease—Conditional sale—Bailment. Where one person leases to another personal property for a term of years in consideration of a fixed sum to be paid in monthly instalments, and agrees in case of no default to execute a bill of sale of the property, the agreement is a bailment, and not a conditional sale. The character of such an instrument is not changed by the fact that notes were given for the instalments.