Fanchon & Marco, Inc. v. Hagenbeck-Wallace Shows Co.

This appeal is from a judgment obtained by appellee, Hagenbeck-Wallace Shows Company, an Indiana corporation, against appellant, Fanchon & Marco, Incorporated, a California corporation, in an action by appellee against appellant for breach of a contract whereby appellee, on May 22, 1939, leased to appellant for the term of five weeks commencing May 24, 1939, one circus train, 34 animals, 20 wagons and other equipment to be used by appellant in its operation of “The Great American Circus.”

The contract provided that the leased property should be delivered to appellant by May 23, 1939, in good condition and ready for use.; that appellee should procure a policy or policies of insurance insuring the property against fire and other risks; that appellant should pay appellee the amount of premium (not exceeding $300) charged for such insurance; and that the rental of the property should be $12,-500, payable as follows; $2,500 in cash on delivery of the property, the balance in four promissory notes of appellant for $2,500 each, payable May 31, 1939, June 7, 1939, June 14, 1939, and June 21, 1939, respectively, such notes to be delivered to appellee on delivery of the property to…