FREDRICK v. KOBALY


196 Pa.Super. 642 (1961)

Fredrick, Appellant, v. Kobaly.

Superior Court of Pennsylvania.

December 14, 1961.


Attorney(s) appearing for the Case

Sanford M. Lampl, with him Lampl, Kirshner & Libenson, for appellant.

Daniel Myshin, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY FLOOD, J., December 14, 1961:

In this case the plaintiff sued the defendant in replevin for the return of certain machinery, allegedly transferred to him under a bailment lease, upon the ground that the defendant had made defaults in the payments required by the lease. Defendant argued that he purchased the machinery outright, that he made all payments except the sum of $83 and that payment of this sum had been tendered. The jury found for the

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