231 Mass. 330 | Mass. | 1918
In substance the agreement between the plaintiff’s assignor and the defendant contemplated the sale of horses, carriages and other livery stable property and equipment for the sum of $4,000. Five hundred dollars was to be paid at the time of the sale, November 2,1911, and the balance in monthlyinstalments of $140, according to certain promissory notes given by the defendant. On the payment of the full amount the goods and chattels were to become the absolute property of the defendant. Although framed in the language of a lease, The contract plainly was one of conditional sale. Hurnanen v. Nicksa, 228 Mass. 346, 349, and cases cited.
On the maturity of any note except the last, the plaintiff might have brought suit upon such overdue note, and still have retained the legal title to the property. Haynes v. Temple, 198 Mass. 372. When the last note became due, on December 2,1913, the plaintiff
The rights of the parties are defined by their express written agreement; there is therefore no basis for the claim of rental-value under the second count. The parties have not argued the demurrer, as the issues raised thereby were also raised by the exceptions.
Exceptions overruled.
Appeal dismissed.