Lantz

Action to recover the balance of an amount agreed to be paid by defendant to plaintiff pursuant to the terms of a lease of personal property. Judgment went for plaintiff, from which, and an order denying his motion for a new trial, defendant appeals.

The lease, set out in the complaint in haec verba, is for one five horse-power White & Middleton engine No. 1891, one pump jack, eighty feet of seven-inch casing, forty-five feet of four-ply belting and fittings, etc., which the lessor agreed to furnish for the term of six months from July 9, 1908, for the use of which defendant covenanted and agreed to pay plaintiff the sum of $580, payable $250 cash upon delivery, and the balance in installments as therein specified. It was further provided that should suit be brought to enforce any covenant contained therein, defendant should pay a reasonable attorney’s fee in such suit. The lease contains no covenants on the part of the lessor, other than an option therein given to purchase, for a stipulated sum, the leased property at any time during the term of the lease, provided the specified rental shall have been paid at the times and in the manner therein contained. The complaint alleges…