Brunswick-Balke Collender Co., Inc. v. Owens

Opinion of the Court by

Chief Justice Cammack

Reversing on appeal, affirming on cross appeal.

J. C. Mills purchased some howling alley equipment from the appellant in 1940. H. H. Owens furnished him the money with which to make the first payment on it, and he executed a mortgage to the appellant Company for the balance of the purchase price, which amounted to some $4300. The equipment was installed in the second floor of a building owned by Mr. Owens in Corbin, Mills was to pay him $150 a month rental under a five year lease. The venture proved to be an unprofitable one, and Mills defaulted in…