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198 Pa. 283

Lippincott v. Scott

Supreme Court of Pennsylvania

Decided January 7, 1901

Supreme Court of Pennsylvania · decided 1901-01-07

Appeal, No. 157, Oct. T., 1900, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1897, No. 710, on verdict for plaintiff in case of Charles Lippincott & Company v. James R. Scott, assignee of Emma S. Kuhn. Replevin to recover a soda fountain. Before White, P. J. At the trial plaintiffs offered in evidence the following paper: “LEASE CONTRACT. “ This agreement, made this thirteenth day of November, 1893, by and between Chas.

Relies on Hamilton v. Billington · Rowe v. Sharp · Enlow v. Klein

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1901-01-07

How this case has been cited

Cited by 18 later decisions — most recently November 1951

6 federal appellate · 2 district · 10 state decisions

60190119101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam,

¶1The 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.

¶2Judgment affirmed.

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