necessary, in order to maintain said motor vehicle and equipment in marketable condition, or to save it from excessive depreciation.

(b) The Second Party shall pay cash for all of such repairs, within ten (10) days from the presentation to him of an invoice therefor; and in the event of the Second Party's failure to make any such payment, when the same shall become due as aforesaid, the cost of said repairs shall be added to the monthly installment next due; and, if the Second Party shall fail to pay the same when such installment shall become due, the First Party shall have the right to resort to any of the remedies provided under paragraph "10" of this agreement.

7. The Second Party, at his own cost and expense, shall immediately cause the said motor vehicle and equipment to be insured against loss, or damage, by fire, theft, or collision, in an insurance company, or insurance companies, approved of by the First Party, in an amount equal to the purchase price thereof; and the loss, or damage, under said policy, or policies, shall be made payable to the First Party, as its interest shall appear; and the said policy, or policies, shall be maintained in force by the Second Party, until the entire purchase price herein provided for shall be actually received by the First Party.

8. In the event of the partial loss, or destruction, of said motor vehicle and equipment, by fire, or otherwise, the Second Party shall promptly give to the First Party written notice thereof; and the First Party shall, with due dispatch, make such repairs to said motor vehicle and equipment as may be necessary to restore it to its condition prior to such partial loss, or destruction; and, for that purpose, the First Party shall use and expend such net amount as it may receive on account of the insurance covering such loss, and the Second Party shall pay the balance, if any, of the cost of such repairs; but the First Party shall not be liable to the Second Party for any damages, which the Second Party may sustain, as a result of delays, temporary withdrawal from service, or from any other cause whatsoever, caused by such partial loss, or destruction.

9. In the event of the total loss, or destruction, of said motor vehicle and equipment, by fire, or otherwise, the First Party shall have the sole right to collect the insurance, or other form of indemnity that may be payable to it by reason of such loss, or destruction; and, thereafter, out of the total moneys received hereunder from the Second Party, plus the total moneys collected from the insur

ance company, the First Party shall pay to itself the price of the motor vehicle and equipment herein mentioned and the interest on the total amount of deferred payments from the date of this agreement to the date of such total loss or destruction; and the First Party shall thereupon pay to the Second Party the balance, if any, which may remain, and the Second Party shall accept the same in full settlement of all amounts due hereunder, and this agreement shall thereupon and thereafter be void. If the insurance on said motor vehicle and equipment shall be insufficient to cover the loss or destruction of said property, the Second Party shall remain liable to the First Party for the unsatisfied balance of the purchase price thereof.

10. Upon the breach by the Second Party of any of the above covenants, or agreements, or upon the bankruptcy of, or insolvency of, or upon a general assignment by, the Second Party, or whenever, in the opinion of the First Party, the said motor vehicle and equipment shall be threatened with loss, damage, or destruction of any kind, except reasonable wear and tear, or with the imposition of a lien, or adverse claim of any kind, or, in the event of the failure of the Second Party to make any of the said payments when the same shall become due, as aforesaid, the First Party may retake possession of said motor vehicle and equipment, free of all claims whatsoever; and, to that end, the First Party may, without notice to the Second Party, enter the premises of the Second Party, or any other premises, where said motor vehicle and equipment may be found, and, with or without legal process, take and remove said motor vehicle and equipment attached thereto, or used in connection therewith, or any of said chattels; and the Second Party hereby waives any action for trespass, or damage, therefor, and waives any Fight of resistance thereto; and the First Party, in that event, may retain, as compensation for the use of said motor vehicle and equipment and for the depreciation thereto, any sums of money, which the Second Party may have theretofore paid in respect of said motor vehicle and equipment.

11. If this agreement shall be assigned by the First Party, the assignee shall have all of the rights of the First Party hereunder. 12. All promises, understandings or agreements of any kind, pertaining to this purchase, or to this agreement, not contained herein, are hereby expressly waived; and it is agreed that this

instrument shall constitute the entire agreement between the parties hereto.

IN WITNESS WHEREOF, the First Party has caused this instrument to be signed by its President, thereunto duly authorized, and its corporate seal to be affixed, attested by its Secretary, and the Second Party has hereunto set his hand and seal, the day and year first above written.

Doe Motor Car Co., Inc.,

By John Doe,
President.

(Seal) Attest:

John Jones,
Secretary.

Richard Roe (L.S.).

No. 119.

Agreement for conditional sale of gas ranges-lease form.

AGREEMENT, made January 5, 1923, between John Doe & Co., Inc., a corporation, duly organized under the laws of the State of New York, and having an office at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Company"), and Richard Roe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Consumer"),

WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS:

1. The Company agrees to let to the Consumer, and the Consumer agrees to hire from the Company, twenty-five 35 x 16 Doe gas ranges, for a period of not less than one year from the date of delivery, at a yearly rental of three and 60/100 ($3.60) dollars each, which the Consumer shall pay to the Company on the second day of each year in advance.

2. The Company shall deliver the said gas ranges to the premises, known as No. 111⁄2 Broadway, Borough of Manhattan, New York City, when the building now being erected thereon shall be completed and the gas meters to be used therein are installed; but the Company shall not be responsible for any breakage, or any parts which may be lost, after such gas ranges shall have been receipted for by the Consumer.

Adapted from Central Union Gas Co. v. Browning (1913), 210 N. Y. 10, 108 N. E. 822.

3. Each range shall be set up by the Consumer in a proper and workmanlike manner, and the work, in connection therewith, shall be performed to the satisfaction of the Company; and, in default thereof, the Company shall have the right to declare this lease null and void. The Company shall neither assume nor incur any liability by reason of any defective work, nor shall the Company be responsible for any injury, or damage, which may result from the careless, or improper, use of said ranges, or otherwise.

4. The title to the said ranges shall, at all times, remain in the Company, irrespective of any sale, lease or transfer of said premises; and the said gas ranges shall not be removed from the said premises, without the written consent of the Company first obtained. If a change in the location of any of said ranges shall become necessary, the Company shall effect such change, upon the application, and at the expense, of the Consumer.

5. The Consumer shall pay for any damage to the said gas ranges, while the same are in his possession, which may be due otherwise than to the ordinary wear and tear incident to the use thereof; and the Consumer shall duly surrender such ranges to the Company, at the termination of this agreement, or upon the Consumer's failure to comply with the conditions hereof.

6. If the Consumer shall fail to comply with the conditions of this agreement, or shall cease to use the gas supplied by the Company, the Company shall have the right to enter the said premises and to remove the said gas ranges therefrom, without process of law.

7. In the event that the Company shall remove the said ranges, by reason of the Consumer's failure to comply with any of the conditions of this agreement, all sums theretofore paid by the Consumer hereunder shall be retained by the Company, as its reasonable compensation for the rent of, injury to, and wear and tear of, the said gas ranges, up to the time when the last payment so made became due and payable; but this shall not be construed to preclude the Company from pursuing any legal remedy for the recovery of any other sum, or sums, which may be due to it, under the terms hereof.

8. Unless previously terminated in writing, this agreement shall be extended from year to year, for a period of six years from the date hereof. The Consumer, however, shall have the option, within one year from the date hereof, to purchase the said gas ranges

from the Company, at the price of twelve ($12) dollars each, or, when six consecutive yearly payments (aggregating five hundred and forty ($540) dollars) shall have been made to the Company; and, in either of said events, the gas ranges shall become the property of the Consumer, and the Company shall thereupon execute and deliver to the Consumer a bill of sale therefor.

IN WITNESS WHEREOF, the Company has executed this instrument, by its President, thereunto duly authorized, and has caused its corporate seal to be affixed, attested by its Secretary, and the Consumer has hereunto set his hand and seal, the day and year first above written.

Agreement for conditional sale of piano-lease form.

3

AGREEMENT, made January 5, 1923, between Doe Piano Co., Inc., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Lessor"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Lessee"),

WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS:

1. The Lessor hereby agrees to lease to the Lessee, and the Lessee hereby agrees to rent from the Lessor, one baby grand Doe Piano, No. 1112, of the agreed value of two thousand ($2,000) dollars.

2. The Lessee agrees to pay to the Lessor, at its office above stated, for the use of said piano, the sum of five hundred ($500) Cf. Lauter Co. v. Isenreath (1909), 77 N. J. L. 323, 72 Atl. 56.