365 Pa. 173 | Pa. | 1950
Opinion
This appeal must be quashed because interlocutory.
The action is in replevin. The International Electronics Company (plaintiff) and N. S. T. Metal Products Company, Inc. (defendant) entered into a written contract whereunder defendant agreed to acquire jigs, dies, tools, etc., to produce tape recorder-reproducer units, and the plaintiff agreed to reimburse the defendant for their cost. It was agreed that title should vest in the plaintiff, but defendant was “to hold and maintain the jigs, dies and tools”. In defendant’s answer to plaintiff’s complaint in replevin, defendant denies that plaintiff had the right to possession and denies that plaintiff had reimbursed defendant for such costs and in new matter claims a lien and additional sums for costs and expenses. Plaintiff filed amended preliminary objections to defendant’s answer and to new matter. The court dismissed certain of the objections to defendant’s answer and sustained others, and granted leave to defendant to file amended new matter. With the record in this form plaintiff appealed.
The court below has, in effect, decreed that the defendant’s allegations that it has a right to possession of the equipment and material by contract, and that it should be given an opportunity to defend against plaintiff’s claim for damages are sufficiently pleaded to permit the case to go to trial. The court ruled, however, that