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JACQUARD KNITTING MACHINE CO. v. VENNELL

No. 4621.

59 F.2d 496 (1932)

JACQUARD KNITTING MACHINE CO., Inc., v. VENNELL.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied July 19, 1932.

Attorney(s) appearing for the Case

Charles J. Weiss and Robert vonMoschzisker, both of Philadelphia, Pa., for appellant.

Samuel W. Cooper, Sidney E. Smith, and Frank A. Chalmers, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This case involves the constantly recurring question of whether the transaction involved was a bailment or a conditional sale of chattels. Under the Pennsylvania decisions, a single contract can make provision for a present bailment of chattels and provide also for a future sale of such chattels on the arising of certain conditions. Where such a dual contract clearly evidences such intent of the parties, it will be enforced, and while the...

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