City of Phoenix v. Tanner

This is an appeal by plaintiff from a judgment dismissing its complaint. The parties will be designated as plaintiff and defendant. The facts are: In December 1942, plaintiff leased from defendant certain busses which were used by it during the years 1943 and 1944 in the carriage of passengers for hire. The contract contained the following provision:

“Lessee agrees to pay all costs and expenses incident to or in connection with Lessee’s operation of said motor busses and that it will not suffer or permit any liens to be imposed or levied against said motor busses.”

During its period of…