H., R. McC. v. W., L. Co.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 490 Action to recover from the defendant rent for the use of certain personal property according to *Page 491 the terms of a lease thereof, amounting to the sum of $956.28. It is alleged in the complaint that on May 11, 1904, the plaintiff and the defendant entered into and executed a lease in writing of certain personal property (setting forth a copy thereof); that upon the execution of said lease the defendant, by virtue of its provisions, took possession of the property therein described, and has ever since retained the possession thereof, and that no part of the money therein agreed to be paid by it for its use has been paid, and asking judgment therefor. The following is a copy of the said lease, viz.: "LEASE. "Harron, Rickard McCone of San Francisco, California, lessor, hereby leases unto Wilson, Lyon Co., 220 Market street, San Francisco, lessees, the following property for the period of three (3) months from the 10th day of May, A.D. 1904, to wit: "1 — No. 1 American Hoist Derrick Co. Double Friction Drum Hoist with 15 H. P. Type…