17 S.E. 174 (N.C. 1893), A.D. Puffer & Sons Mfg. Co. v. Lucas

Citation:17 S.E. 174, 112 N.C. 377
Opinion Judge:CLARK, J.
Attorney:J. D. Bellamy, Jr., for appellant. A. M. Waddell and T. W. Strange, for appellee.
Judge Panel:BURWELL, J., did not sit on the hearing of this appeal.
Case Date:March 28, 1893
Court:Supreme Court of North Carolina

Page 174

17 S.E. 174 (N.C. 1893)

112 N.C. 377




Supreme Court of North Carolina

March 28, 1893

Appeal from superior court, New Hanover county; George H. Brown, Judge.

Action of claim and delivery by the A. D. Puffer & Sons Manufacturing Company to recover a soda-water machine from A. F. Lucas. From a judgment for plaintiff, defendant appeals. Modified.

It was alleged by plaintiff, and admitted by defendant, that the plaintiff delivered the machine in controversy to one S. Eifert by a lease contract, as follows: "Know all men by these presents, that I, S. Eifert, No. 16 South Second street, of Wilmington, state of North Carolina, have hired, leased, and received of A. D. Puffer & Sons Manufacturing Co., of Boston, commonwealth of Massachusetts, for the term, to wit, one year ending December 5th, 1885, subject to the conditions herein stated, the following described goods and chattels: One (1) second-hand Matthews No. 2, iron set, porcelain lined, consisting of one (1) generator, two (2) cylinders complete on frame, one (1) second-hand bottling table with syrup pumps, five (5) syrup cans, and base to connect. *** And I do promise and agree with the said A. D. Puffer's Sons, their representatives and assigns, to pay them for the possession and reasonable use thereof, for said term, the sum of three hundred and thirty dollars, as rent, to be paid, cash forty dollars, balance in installments set forth in the several obligations given by me therefor. *** And it is provided that said property hereby leased is not to be removed from the premises where now located, No. 16 South Second street, in said Wilmington, North Carolina, nor the interest of the lessee under this lease to be transferred, without the consent of said A. D. Puffer's Sons, in writing, thereto first obtained. And it is further provided that, upon full payment of the several obligations aforesaid, all claim and title to said property on part of said A. D. Puffer & Sons Manufacturing Co. shall cease, and the whole title shall vest in said lessee, as owner. But upon any breach of the provisions of this lease, especially upon failure by the said lessee to pay the several obligations, or either of them, as they become due and payable, then this lease, and any and all claim or right on the part of said lessee under the same, or to further use and possession of said property, shall be thereby...

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