General Motors Acceptance Corp. v. Horton

DAVIS, Circuit Judge.

This is an appeal in which the appellant is assignee of a contract, the nature of which is under dispute. Under the contract the Voice Motor Company of Philadelphia delivered a car to the Kamens Quality Market, Inc., hereinafter called the lessee, and then assigned the contract to the appellant. The lessee became bankrupt, and the appellant seeks to gain possession of the automobile under the terms of the contract from the lessee’s trustee in bankruptcy.

The appellant contends that the contract in question is a bailment lease, but the appellee says it is a conditional…