McClellan v. F. A. North Co.

The opinion of the court was delivered by

Parker, J.

The facts, as found by the trial judge, are fully stated in his decision, ubi supra, and need not be here repeated at length. Plaintiffs had possession of a piano under a written contract with the North Company, styling itself a lease; and one point of dispute is whether it was in legal contemplation a contract of conditional sale. Another point in dispute, material in view of the difference in limitation of actions on specialties and on simple contracts, was whether the contract was a specialty. These two points appear to be determinative of…