Seller, is due to arrive in New York City, within four weeks from the date hereof, and is to be delivered to the Buyer, if and when received by the Seller. No. 112. Clause limiting time for claims and limitation of damages. 48 It is agreed that a claim for defective material, short weight, or for any other cause, shall be made, not later than thirty (30) days after the receipt of goods, and that, in any event, the Seller shall not be liable for any damages, which may result from the use of the material sold hereunder. No. 113. - Clause limiting time for return of goods or presentation of claims." 49 It is expressly agreed that no goods shall be returned, nor allowances made, nor claims survive, for any cause, after thirty (30) days from the delivery, nor, even prior to such time, after the goods shall have been sponged or cut. No. 114. Clause making each shipment separate contract, and providing remedies upon buyer's breach.50 Each month's shipment shall be treated as a separate and independent contract; but, if the Buyer shall fail to fulfill the terms of payment under this, or any other, contract, the Seller, at his option, either may cancel this contract, or defer further shipments, until payment shall have been made. "Cf. Butler v. Supreme Council A. L. H. (1905), 105 App. Div. 164, 93 N. Y. Supp. 1012. Cf. Aultman v. Morse (1882), 14 Fed. Rep. 152; Horst Co. v. Breidt City Brewery (1920), 94 N. J. L. 230, 109 Atl. 727. 50 Cf. Dow Chemical Co. v. Detroit Chemical Works (1919), 208 Mich. 157, 175 N. W. 269, 14 A. L. R. 1200; Cadillac Mach. Co. v. Mitchell-Diggins Iron Co. (1919), 205 Mich. 107, 171 N. W. 479. No. 115. Clause terminating agreement of sale upon seller's failure to obtain lease for buyer.51 That the Seller shall, on or before January 10, 1923, procure for the Buyer a lease of the premises wherein said business now is conducted, for a period of four (4) years, beginning January 10, 1923, at a rental of two hundred ($200) dollars a month, payable in advance on the first day of each month, which lease shall contain the same terms and conditions (aside from rent and duration) as now are contained in the lease of said premises to the Seller; and, if the Seller shall not procure such a lease for the Buyer, then this agreement shall, on January 11, 1923, become null and void, and the Seller shall forthwith repay to the Buyer all moneys received by the Seller from the Buyer. No. 116. Clause waiving oral conditions.52 It is agreed that no conditions agreed to by any salesman, or agent, and not embodied herein, will be binding upon you; and it is understood and agreed that you shall not be liable, under any separate, or collateral, agreement, unless the same is in writing, and accepted by your manager, or assistant manager. No. 117. Covenant by seller not to engage in same business, within stated number of blocks, nor to accept trade of present customers.53 The Seller expressly covenants and agrees that, within a period of five years from the date hereof, he will not, either alone, or jointly with, or as agent or employe of, any one, and neither directly nor indirectly, carry on, or be engaged, employed, or interested in any stationery business, within the area of ten (10) 51 Cf. Epperson v. Epperson (1908), 108 Va. 471, 62 S. E. 344. 52 Adapted from Misrach v. Oakland Motor Car Co. (1922), 192 N. Y. Supp. 769. Cf. State v. Barthe (1889), 41 La. Ann. 46, 6 So. 531. blocks in any direction from the block wherein the business hereby sold now is conducted by the Seller; nor shall the Seller, in any manner whatever, solicit, or accept, the custom, trade or business of any customer of said business, nor do any other act, which shall prejudice the business hereby sold or the rights of the Buyer therein. CHAPTER V CONDITIONAL BUYER AND SELLER No. 118-Agreement for conditional sale of automobile. No. 119-Agreement for conditional sale of gas ranges-lease form. No. 120-Agreement for conditional sale of piano-lease form. No. 118. Agreement for conditional sale of automobile.1 AGREEMENT, made January 5, 1923, between Doe Motor Car Co., Inc., a corporation, duly organized under the laws of the State of New York, and having an office at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS: 1. The First Party agrees to sell to the Second Party, and the Second Party agrees to purchase from the First Party, one Doe touring automobile, motor number 464-123, and its equipment, for the price of fourteen hundred ($1,400) dollars, which shall be paid by the Second Party as follows: (a) Five hundred ($500) dollars, upon the delivery of said motor vehicle to the Second Party; and (b) The balance in three monthly installments of three hundred ($300) dollars each, with interest at the rate of six per cent, on the 10th day of each month, beginning in the month following the initial payment hereunder. 2. (a) The First Party shall deliver the said motor vehicle to 1Cf. Fuller v. Webster (1915), 29 Del. 297, 95 Atl. 335; Blackwood Tire & Vulcanizing Co. v. Auto Storage Co. (1916), 133 Tenn, 515, 182 S. W. 576. the Second Party, on or before January 10, 1923, and, simultaneously with the delivery thereof, the Second Party shall make the initial payment of five hundred ($500) dollars, and shall, also, deliver to the First Party his three promissory notes, drawn to the order of the First Party, each in the amount of three hundred ($300) dollars, payable, with interest at the rate of six (6%) per cent, at the First Party's office aforesaid, on, respectively, February 10, March 10, and April 10, 1923. (b) All, or any, of said notes, may be sold, transferred or discounted by the First Party, without such First Party thereby waiving any of its rights and powers hereunder. (c) In the event of the failure of the Second Party to make any payment when due as aforesaid, the entire balance of the purchase price then remaining unpaid shall immediately become due and payable. 3. The title to the said motor vehicle and equipment shall remain vested in the First Party, until all the agreements of, and payments to be made by, the Second Party, shall have been duly and punctually performed and made by said Second Party. 4. The Second Party shall not assign, or transfer, this contract, nor sell, or mortgage, the said motor vehicle and equipment, or his interest therein, nor suffer it to be attached, or, when not in use, to be removed from the garage at No. 572 Broadway, Borough of Manhattan, New York City, without the written consent of the First Party first obtained. 5. During such time as title to the said motor vehicle and equipment shall remain vested in the First Party, the Second Party shall use the said motor vehicle and equipment with all reasonable care and caution, and shall be answerable to the First Party for any damage, or physical injury, to the said motor vehicle and equipment, which shall not be due to ordinary' wear and tear. 6. (a) The First Party shall have access, at all times, during business hours, to said motor vehicle and equipment, whether in operation or not, for the purpose of inspecting and giving it such mechanical attention, as it may, in the First Party's judgment, require from time to time; and the Second Party authorizes the First Party, during the term of this agreement, to make such repairs to the aforesaid motor vehicle and equipment, from time to time, as, in the judgment of the First Party, shall, at any time, be |