Haviland v. Johnson

Citations

• 7 Daly 297

Syllabus

<p>The plaintiff received a sewing machine from the defendants under a written contract, by the terms of which she certified that she “ hired it to use,” and agreed to pay them a specified sum in advance, as security for its safe keeping, and to make monthly payments of an amount fixed, for twelve months thereafter, for the use of the machine, and upon default in any of the payments, to forfeit the machine and the security money. The contract also stipulated that she could at any time purchase the machine upon the payment of a sum, which, added to the security money, and the monthly instalments, should amount to a certain price. The security money was paid, as well as six monthly instalments, when a default was made, and the machine taken by the defendants, whereupon she sued to recover -back the amount of her several payments. Held, that she could not recover the amount of the instalments, nor (Daly, C. J., dissenting) the amount of the original deposit.</p>