Ludden & Bates Southern Music House v. Dusenbury

Citations

• 27 S.C. 464
• 4 S.E. 60
• 1887 S.C. LEXIS 151

Syllabus

<p>1. Where a hired chattel was, by the terms of the agreement, received by the bailee at the place of the contract and then shipped by the bailor to the home of the bailee, who, offering to pay the freight but refusing to pay a charge for storage, does not remove it from the depot, the chattel is nevertheless in the possession of the bailee.</p> <p>2. An agreement stipulated for the hiring of an organ valued at $95 for the term of nine months at a monthly rental of $10, with an option to the bailee to buy it at any time within that period at the said valuation, ia which ease the money paid for the rental should be deducted from the purchase money. Held, that this was not a mortgage or a conditional sale, but a contract of hiring only with an option to buy at a future time.</p> <p>3. This case distinguished from Talmadge v. Oliver, 14 S. O., 522 ; Straub v. Screven, 19 id., 445; and Herring & Co. v. Cannon, 21 Id., 212.</p> <p>4. This agreement not having been recorded as required by the act of 1882 (18 Stat., 35), it was void as to a subsequent purchaser at a sheriff’s sale from the bailee, in possession, for value, without notice ; and therefore the purchaser was entitled to retain it as against the bailor.</p>