Darling v. Kipp

This action was brought to recover the alleged purchase price of one piano, one music roll, and a roll of carpet felt. Upon trial in the district court for Box Butte county, the court instructed the jury to find a verdict for the defendant, and the plaintiff has appealed.

There was a written contract between the plaintiff and defendant, in which it was recited that the piano was leased by the plaintiff to the defendant, but the contract is, in substance, a contract of conditional sale, and not of lease. It provides that the defendant should pay $25 a month until the sum of $650 was paid for…