Knittel v. Cushing

Citations

• 57 Tex. 354
• 1882 Tex. LEXIS 147

Syllabus

<p>1. Sale—Rent — Registration.—A piano was delivered by (J. to N. under a written contract, reciting that N. had hired and received it of 0., N. promising, .in addition to §75 paid on its delivery, to pay §50 for each quarter it was kept, to return it on demand, not to remove it without O.’s written consent, and to keep it insured. It was also stipulated that on further payment of $350 (in addition to the §75), in monthly payments which N. agreed to make, the piano was to become the property of N. In a suit for the piano by C. against K., who had in good faith bought of N., held,</p> <p>(1) That the terms of the-agreement are so inconsistent that it cannot be he'd to be both a renting and a sale.</p> <p>(2) That it is not a renting, as the first part of the agreement recites it to be.</p> <p>(3) If valid at all, it must be held to be a sale, and that the pretended renting was but a device to secure the remainder of the purchase money.</p> <p>(4) That thus regarded, conceding its validity as between the parties, it would be contrary to the policy of the registration laws to hold the contract binding on a purchaser in good faith, for value, without notice.</p>