Murch v. Wright

Citations

• 46 Ill. 487

Syllabus

<p>1. Sales—conditional sale and delivery. Where, by the terms of a written agreement between M and L, the latter received from the former a piano, the price of which was fixed at $700.00, and upon taking it, L paid $50.00, which was called the rent of the instrument for the first month, and he was to pay $50.00 at the beginning of. each month thereafter, for 13 months, the same to become L’s property, in event of his paying the $700.00 within the 13 months, the monthly payment as rent to count as a part of. the $700.00: Held, that this transaction could not be treated as a lease, but was a conditional sale of the piano, with a right of rescission on the part of M in event L should fail in paying the instalments; and if levied upon by creditors of L, while in his possession, M’s lien would thereby become extinct.</p>