Lee v. Gorham

• Decision Date: 02 January 1896
• Citation: 165 Mass. 130,42 N.E. 556
• Parties: LEE v. GORHAM et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

165 Mass. 130

42 N.E. 556

LEE v. GORHAM et al.

Supreme Judicial Court of Massachusetts, Suffolk.

January 2, 1896

The following is the agreement referred to in the opinion: "Instrument, piano cover and stool. No. 29,843. Made by Haines Bros. This agreement, made by and between Messrs. C.L. Gorham & Co., of Worcester, Mass., of the first part, and Mrs. W.H. Lee, of Fitchburg, Mass., of the second part, witnesseth: That said C.L. Gorham & Co. do hereby lease for the period of three months from date, and from three months thereafter, so long as the stipulations herein are performed, and the payments hereafter specified are duly made, to said party of the second part, a piano, cover, and stool, the price thereof being three hundred and twenty-five dollars, and interest at six per cent. for the sum of twenty-five dollars to be paid January 1, 1890, and twenty-five thereafter to be paid every three months for the use thereof; agreeing that when the sum of three hundred and twenty-five dollars and interest at six per cent. shall have been paid for the use of said instrument, etc., by said advance and other payments, or otherwise, they will sell and deliver to the party of the second part said instrument etc., with a good and effectual bill of sale thereof. And said party of the second part hereby pays the sum of twenty-five dollars, January 1, 1890, in advance, and agrees to pay twenty-five dollars every three months thereafter as aforesaid for the use of said instrument, etc., until the aforesaid price, three hundred and twenty-five dollars, and interest at six per cent., shall have been paid in full. And in case of failure to make said payments, or any of them then said party of the second part agrees to deliver up said instrument, etc., to the said C.L. Gorham & Co., or their order, in as good condition as the same now is, reasonable use and wear thereof excepted, and, in case of loss or damage by fire or otherwise, to make good such loss or damage. In case of failure to make payments as aforesaid, or in case of a violation of the agreements hereafter mentioned, I hereby authorize, empower, and direct the said C.L. Gorham & Co., as my agent and attorney, to enter my dwelling house, or whatever premises of mine said instrument, etc., may be, and take and carry the same away; and I hereby exonerate the said company, their servants or agents, or any or either of them for so doing; it being agreed by the parties hereto that until said instrument, etc., has been paid for in full, it is to be the property of said C.L. Gorham & Co., and is not to be removed from Fitchburg, Mass., without their consent, and is not to be secreted, disposed of, underlet, or attempted to be sold, and is not to be injured by misuse or neglect, or by improper management. In witness thereof, we hereunto subscribe our names, this 20th day of November, 1889. Mrs W.H. Lee, Fitchburg, Mass. C.L. Gorham & Co."

COUNSEL

H.J. Edwards, for plaintiff.

Charles C. Milton, for defendants.

OPINION

HOLMES, J.

This is an action for the conversion of a piano. The piano was in the possession of the...