Stavnow

During the month of November, 1923, the respondent and one Cora E. Baley, since deceased, entered into certain instruments in writing, by the terms of which the latter received possession of a quantity of furniture, and for the use or toward the purchase of which she agreed to pay in monthly installments the amounts therein specified. Among other provisions of the contract it was agreed that should default in any payment occur, the party of the first part might “take possession thereof and''remove the same”; that in such event he should be “entitled to all rent then due” thereunder; that Mrs. Baley should not be entitled to “any allowance, return or setoff for payments previously made,” and that time was of the essence of the agreement. In April, 1924, three of her checks for $100 each, which she had given and for which she had received credit, were dishonored and returned by the banks, and in satisfaction of these obligations and to avoid being deprived of the furniture, she executed and delivered to respondent her promissory note in the sum of $300, dated June 10, 1924, payable in sixty days, with interest, and reasonable attorney’s fees in the event of enforced collection. At…