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BLOOM v. HILTY (ET AL. (06/16/67)

decided: June 16, 1967.

BLOOM
v.
HILTY (ET AL., APPELLANT)



Appeal from judgment of Court of Common Pleas of Westmoreland County, July T., 1964, No. 347, in case of George Bloom v. Charles D. Hilty et al.

COUNSEL

Christ. C. Walthour, Jr., with him Kunkle & Walthour, for appellant.

Daniel J. Snyder, with him Smith, Best, Williams, Costello & Snyder, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Montgomery, J.

Author: Montgomery

[ 210 Pa. Super. Page 256]

George Bloom, plaintiff-appellee, in this action of replevin, seeks to recover 4,100 feet of 3 1/2 inch drill pipe, 1 Rotary Air Hose and Connections, 1 set Bash and Ross 3 1/2 inch slips, 24 piece insert slips, and 4 subs for drill pipe (being pipe and equipment used in drilling operations). His claim is based on a written lease-purchase agreement he entered into with one of

[ 210 Pa. Super. Page 257]

    the defendants, Charles D. Hilty, dated May 12, 1964, which provides for a monthly rental of $500 payable June 1, 1964, and each month thereafter for five years with a provision that ". . . upon the payment in full of all monthly payments and amounts shown on this agreement and any schedules which may be attached and incorporated herein, that full right, title, and interest of all items described in the attached schedules shall be vested in the said parties of the second part [Hilty]."

The schedule referred to in the agreement listed among other things the equipment previously mentioned and various quantities of pipe, namely:

"(1) 302 lineal feet of 3 1/2 inch drill

     pipe at $1.75 per lineal foot Total $529.59

(2) 28 joints of 3 1/2 inch drill pipe at

$1.75 per lineal foot (containing

859.2 lineal feet) Total ...


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