Commercial Motors Mortgage Corp. v. Stephenson

117 A. 788, 274 Pa. 171, 1922 Pa. LEXIS 660

• Court: Supreme Court of Pennsylvania
• Decided: May 8, 1922
• Docket: Appeal, No. 256
• Status: Published

Opinion

Per Curiam,

This is an action of replevin to recover a motor truck in possession of defendant, title to which is claimed by plaintiff; a bailment lease and default thereunder, by failure of defendant to make required payments, are alleged; the latter undertook to deny the lease and, in its pleading, specifically averred full payment of the purchase price of the truck; the court below refused judgment for want of a sufficient affidavit of defense, and plaintiff appealed. Such appeals are never sustained unless plain error appears, and this cannot be found in the present case.

The order is affirmed.