31 Pa. Super. 583 | Pa. Super. Ct. | 1906
Opinion by
The plaintiff having a team of horses which the defendant desired to purchase, they agreed upon $250 as the price, and the defendant delivered to the plaintiff a horse in payment to the extent of $75.00. Thereupon the plaintiff delivered the team to the defendant under a written agreement called a lease, for the term of six months, in which the defendant agreed to pay for the use of the team $101.50 on July 1, 1905, and $77.25 on October 1,1905. These two sums together with the price of the horse given in exchange constituted the agreed price of the team, with interest on the deferred payments, and it was stipulated that upon payment of said installments the defendant should have the right to purchase the team and apply the payments upon the purchase price. The defendant could not pay the July installment, and by his permission the plaintiff, on August 28, 1905, took the team back. Before doing so he caused judgment to be entered on the lease for $178.75, the unpaid balance, and afterwards, on the trial of the issue awarded to determine the amount due on the judgment, demanded $124.97, which he claimed as the amount due for the use of the team up to August 28,1905. It is not disputed that this claim would have to be sustained if the plaintiff had not retaken possession of the team, nor is it disputed that the plaintiff had a right under the lease to rescind the contract, retain the horse that he had received in exchange, and retake possession of the team. The question is, whether he could
Judgment affirmed.