Miller v. Steen
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendants entered into the following contract with the plaintiffs: “ This indenture, made the eighteenth day of June, in the year of our Lord eighteen hundred and sixty-three, between Edward T. Steen, of the City of San Francisco, State of California, party of the first part, and J. F. Miller, W. C. Coley and George H. Harrison, of the City of San Francisco, State of California,…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendants entered into the following contract with the plaintiffs: “ This indenture, made the eighteenth day of June, in the year of our Lord eighteen hundred and sixty-three, between Edward T. Steen, of the City of San Francisco, State of California, party of the first part, and J. F. Miller, W. C. Coley and George H. Harrison, of the City of San Francisco, State of California, party hereunto of the second part; Witnesseth: That the said party of the first part does hereby lease, demise and let…
1Opinion of the Court
By the Court, Sawyer, J.:
The contract in question was substantially a contract of sale. Such must be the legal construction upon the face of the instrument evidencing the agreement. The parties call it a lease, but such is not the legal effect. There were certain stipulations, intended, doubtless, as security for the payment of the purchase money, among them, for a right to retake possession in case of default in any of the payments, and an option in the vendor to terminate the contract. One thousand dollars were paid on delivery of the property, (a steam engine, etc.,) and the first monthly…
2Cases cited2 opinions
- Hidden v. JordanCalifornia Supreme Court · 1865
- Decamp v. FeaySupreme Court of Pennsylvania · 1819
3Cited by29 opinions
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Liver v. MillsCalifornia Supreme Court · 1909
- Cook and Sons Equipment, Inc. v. Morris KillenCourt of Appeals for the Ninth Circuit · 1960
- In re Bettman-Johnson Co.Court of Appeals for the Sixth Circuit · 1918
- Caulk v. LoweSupreme Court of Oklahoma · 1918
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