Clark Bros. v. Hill
Supreme Court of North Carolina
Aotiox of claim and, delivery, tried before- Boykin, J., and a jury, at February Term, 1895, of Beaufort Superior Court.
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Aotiox of claim and, delivery, tried before- Boykin, J., and a jury, at February Term, 1895, of Beaufort Superior Court. The plaintiff sought to recover possession of a '“Steam Feed” machine which they had shipped to B. F. Moss, under whom the defendant claimed, upon conditions stated in a letter which they wrote to Moss at the time of shipment, the material part of which letter was as follows : “In sending out our Feeds in this way, we have the parties give us their notes, payable according to the terms of the lease as rental on the same, and when the notes are paid we give them tittle to…
1Opinion of the Court
Clark, J. :
The plaintiffs earnestly contend that the terms of the contract were those sot forth in their reply to Moss, when the “steam-feed” was shipped, i. e. a lease upon payments of rent, as stated, and on the last payment of rent the property to belong to Moss, in the meantime the title to be retained by the vendor. Conceding this to be correct, such contract was in effect a conditional sale. Calling it a “lease” did not make it one, when its terms showed it was not. This was held in Puffer v. Lucas, 112 N. C., 377, which has been since cited and approved in Crinkley v. Egerton, 113 N.…
2Cases cited5 opinions
- Crinkley v. EgertonSupreme Court of North Carolina · 1893
- A. D. Puffer & Sons Manufacturing Co. v. LucasSupreme Court of North Carolina · 1893
- Overman v. . SasserSupreme Court of North Carolina · 1890
- Horne v. . SmithSupreme Court of North Carolina · 1890
- Foote v. . GoochSupreme Court of North Carolina · 1887
3Cited by12 opinions
- Little v. National Service Industries, Inc.Court of Appeals of North Carolina · 1986
- Yarborough v. Hughes.Supreme Court of North Carolina · 1905
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
- Observer Co. v. . LittleSupreme Court of North Carolina · 1917
- Hinton v. . WilliamsSupreme Court of North Carolina · 1915
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