Adams

The defendant appeals from a judgment declaring that plaintiff is entitled to the possession of a certain automobile truck. ,

On June 15, 1914, the parties entered into a written agreement concerning the truck, which was then the property of the defendant. By the terms of the writing, Anthony leased the truck to Adams for the term of twelve months, for a rental of $3,785, of which $1,200 was paid at the time, and • the balance was made payable in monthly installments, for which Adams gave his promissory notes. It was stipulated that in default in payment of any of the rental, the lessor might at his option terminate the lease by written notice to the lessee, whereupon the lessee should lose all right to possession of the automobile and the right to purchase it, and the lessor should be entitled to possession: “but it is agreed,’’ so the writing proceeds, “that such termination of this lease shall not release the lessee from the payment of any sums due lessor up to and including the day of such. termination. ” Time was made of the essence, and it was provided that any default by the lessee should release the lessor from all obligations to further lease the automobile, and the…