dollars, upon the signing of this agreement, and the balance of fifteen hundred ($1,500) dollars in installments of sixty ($60) dollars each, on the fifth day of each month thereafter, together with interest as hereinafter provided.

3. The Lessor, at its own cost and expense, shall deliver the said piano to the Lessee, at his residence, No. 371⁄2 Broadway, Borough of Manhattan, New York City, on or before January 7, 1923.

4. The Lessee further agrees:

(1) That said piano shall not be removed from the said premises, No. 371⁄2 Broadway, Borough of Manhattan, New York City, without the consent of the Lessor first had in writing.

(2) That said piano shall be preserved, and, when returned to, or otherwise repossessed by, the Lessor, shall be in as good condition as when delivered to the Lessee, ordinary wear, resulting from careful use, alone excepted.

(3) That the Lessor may, from time to time, by its agents, enter the said premises to examine and inspect the said piano, and that no tuners, regulators, or repairers, except those employed by the Lessor, shall be permitted to do any work whatsoever upon the said piano, during the continuance of this agreement.

(4) That, in case of any damage to the said piano, by any cause other than careful use, the Lessee shall pay to the Lessor the amount of such damage.

(5) That, in case of the destruction of the said piano from any cause other than fire, the Lessee shall pay to the Lessor the above valuation, less the total amount of any rent, which may have been paid hereunder.

(6) To pay interest at the rate of six (6%) per cent per annum on monthly balances, payable monthly.

(7) Not to mortgage, sublet, nor assign his interest in this agreement, nor, in any way, encumber the said piano, nor suffer any charge, lien or encumbrance to be placed thereon.

(8) That, upon his default in any of the aforesaid payments, or in the performance of any of his covenants, or obligations, hereunder, all of the said payments shall, at the option of the Lessor, become due and payable, and the Lessor shall be entitled to sue for and recover the same.

5. That, if the Lessee shall fail to perform any of the terms of this agreement, then the Lessor shall have the right, at its option, without further notice or demand, to take possession of the said

piano, and remove the same, and, for that purpose, to enter any premises where the Lessor shall have reasonable cause to believe the said piano to be, without being deemed to have done anything wrongful, and, upon such taking, the terms of this agreement and the right of the Lessee to hold, or use, the said piano, shall cease, without prejudice, however, to any right, or claim, of the Lessor for arrears of rent, if any, or on account of any preceding breach of this agreement, and irrespective of whatsoever action, if any, may have been begun by the Lessor to recover upon any claim for rent, or otherwise.

6. That no other contract, or understanding, of any kind, has been entered into by the Lessor and Lessee, altering, or changing, in any way, the terms of this agreement.

7. That all of the terms of this agreement have been read, understood and are agreed by the Lessee to be just and reasonable before signing.

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

Doe Piano Co., Inc.,
By John Doe,
President.

(Seal) Attest:

John Jones,

Secretary.

In the presence of
Henry Koe.

Richard Roe (L.S.).

We hereby agree that, if the above-named Lessee shall perform all his covenants and obligations under the foregoing agreement, and shall make each of the foregoing payments and interest payments as the same shall become due, then, and in such event, and in further consideration of the payment to us of one ($1) dollar, we shall sign and deliver to said Lessee a bill of sale for said piano. Dated, New York City, January 5, 1923.

Doe Piano Co., Inc.,

By John Doe,
President.

No. 121.

Agreement for conditional sale of refrigerator plant.

AGREEMENT, made January 5, 1923, between Doe, Inc., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 15 Main Street, City of Auburn, County of Cayuga, State of New York (herein called the "Second Party"),

WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS:

1. The First Party shall construct and deliver to the Second Party, f.o.b., cars at Auburn, New York, the machinery, apparatus and plant described in the specification hereto annexed, which specification, together with the agreements and guarantees therein contained, are hereby expressly made a part of this agreement.

2. The Second Party shall pay to the First Party the sum of two thousand ($2,000) dollars for said machinery, apparatus and plant, as follows:

(a) One thousand ($1,000) dollars in cash, upon the signing of this agreement.

(b) Upon delivery of said machinery, apparatus and plant to the Second Party, the Second Party shall deliver to the First Party his two promissory notes to the order of the First Party, each in the sum of five hundred ($500) dollars, payable, with interest at the rate of six (6%) per cent, at the First Party's office aforesaid, on April 5 and May 5, 1923, respectively.

3. The First Party shall deliver the machinery, apparatus and plant on the premises of the Second Party, at No. 15 Main Street, City of Auburn, County of Cayuga, State of New York, on or before March 5, 1923, provided the Second Party shall have performed, within the time limit specified therefor, all the agreements by him to be kept and performed, as set forth in the annexed specification.

4. When and as the whole, or any portion, of said machinery, apparatus and plant, shall be delivered on the premises of the Second Party, the Second Party, at his own cost and expense, shall

Adapted from Ratchford v. Cayuga, etc., Warehouse Co. (1916), 217 N. Y. 565, 112 N E. 447, L. R. A. 1916 E, 615.

immediately cause the same to be insured against loss, or damage, by fire, in an insurance company approved of by the First Party, in an amount equal to the purchase price thereof; and the loss, or damage, under such policy, shall be payable to the First Party as its interest shall appear; and said policy shall be maintained in force by the Second Party, until the entire purchase price herein provided for shall have been actually received by the First Party.

5. (a) Title to, and ownership of, the said apparatus, machinery and plant, shall remain vested in the First Party, until the entire purchase price herein provided for, and all notes and securities given to secure the same, or any part thereof, shall be actually paid in cash; and, in case of the failure, or refusal, of the Second Party to make the payments, or any of them, when due, or to execute and deliver the notes, or to pay any note that may be given to the First Party, when the same shall fall due, then, and in any such event, the whole of the unpaid portion of the purchase price, however secured and whenever payable, shall, at the option of the First Party, become immediately due and payable; or, in case of such default on the part of the Second Party, the First Party shall thereupon have the right to enter the premises upon which such machinery, apparatus and plant shall be installed, and take possession of, and remove the same, and the Second Party shall afford every facility therefor; and, in the event that said machinery, apparatus and plant shall be so taken by the First Party, the Second Party shall pay to the First Party all expenses incurred by the First Party under this contract, and all damages suffered by the First Party, by reason of the wear and tear of said machinery, apparatus and plant, and such further sum of money as will reasonably compensate the First Party for the use or rental by the Second Party of said machinery, apparatus and plant, which rental is hereby fixed and agreed to be six (6%) per cent per annum of the total purchase price herein provided, to be calculated from the date when said machinery, apparatus and plant are erected ready to charge.

(b) The foregoing provisions shall not, however, in any wise, alter, or impair, the obligation of the Second Party to keep said machinery, apparatus and plant in good condition, while in the custody of the Second Party, nor shall the Second Party be released from liability to pay to the First Party all damage to such machinery, apparatus or plant, which may be occasioned by the negligence, carelessness or abuse thereof by the Second Party.

6. The First Party shall have the right to file a mechanic's 'lien for materials and labor furnished under this contract; and this provision is hereby declared to be notice to the Second Party, and to the owner, or reputed owner of the property, as given at the time of furnishing such materials and labor for said plant, or for repairs, alterations, or additions thereto, of the intention to file a lien, and a waiver by the Second Party of any other notice of such intention.

7. This agreement shall inure to, and be binding upon, the heirs, successors and assigns of the parties hereto.

8. This contract shall only become operative, when the same shall have been approved in writing by the President, or VicePresident, of the First Party.

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.

Agreement for weekly hiring of sewing machine, with option by hirer to purchase machine.5

AGREEMENT, made January 5, 1923, between Doe Sewing Machine Co., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 11% Broadway, Borough of Manhattan, New York City (herein called the "Owner"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Lessee"),

Cf. Singer Sewing Machine Co. v. Holcomb (1874), 40 La. 33 Cowan Singer Mfg. Co. (1893), 92 Tenn. 376, 21 S. W. 663; Singer Mfg. Co. (1898), 70 Vt: 434, 41 Atl. 429.

Nash