Home Payment Jewelry Co. v. Smith

Appellant sued to recover possession of personal property consisting of certain articles of jewelry and for damages. A demurrer was interposed to the amended complaint, which was sustained by the trial court. Appellant declined to take advantage of the leave given to further amend, and from a judgment of dismissal this appeal was taken.

In the complaint it was set out that the appellant had delivered to one Mary C. Ames under a lease contract, which was set out in full as an exhibit attached to the amended complaint, certain articles of jewelry of the alleged value of one thousand and eighty, dollars. The contract as set out provided that the articles of jewelry were leased to the said Mary C. Ames for a term of ten months for the total rental of one thousand and eighty dollars, which rental was to be paid, one hundred dollars in cash and the balance in monthly payments of one hundred dollars. The contract also contained these conditions:

In the complaint it was alleged that the lessee had failed and refused to comply with the -terms and provisions of the contract; that she had paid the sum of seven hundred dollars on account of rental of the property, but had defaulted in the…