Ludden & Bates Southern Music House v. Dusenbury
Supreme Court of South Carolina
Before Wallace, J., Horry, October, 1886. The Circuit Judge charged the jury in this case that the agreement was a conditional sale of the organ to be paid for in monthly instalments, the condition being fulfilled when these instalments were all fully paid; that in order to prevent the rights of subsequent creditors and purchasers for valuable consideration without notice from attaching, the paper should have been recorded; that the possession had vested in Franks; and that…
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Before Wallace, J., Horry, October, 1886. The Circuit Judge charged the jury in this case that the agreement was a conditional sale of the organ to be paid for in monthly instalments, the condition being fulfilled when these instalments were all fully paid; that in order to prevent the rights of subsequent creditors and purchasers for valuable consideration without notice from attaching, the paper should have been recorded; that the possession had vested in Franks; and that the words used — “hiring” and “renting” — did not make the contract, but the contract must be construed by its meaning…
1Opinion of the Court
The opinion, of the court was delivered by
Mr. JUSTICE McIver.
This action was brought by the plaintiffs to recover possession of an organ shipped by the plaintiffs from Goldsboro, North Carolina, to A. W. Franks at Bucksville, S. C., on or about March 26, 1884, under an agreement, of which the following is a copy :
“Notioe to Lessee. — Carefully read the terms of agreement before signing, as no verbal or written agreement or understanding not contained herein will be recognized by us.
“(Signed) Ludden & Bates Southern Music House.
“This certifies that I, A. W. Franks, now residing at Bucks-ville,…
2Cited by8 opinions
- Townsend v. Ashepoo Fertilizer Co.Court of Appeals for the Fourth Circuit · 1914
- Industrial Finance Corp. v. CapplemannCourt of Appeals for the Fourth Circuit · 1922
- Armour & Co. v. RossSupreme Court of South Carolina · 1907
- Adams v. FellersSupreme Court of South Carolina · 1911
- Andrews v. HurstSupreme Court of South Carolina · 1931
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