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(DOWNLOAD) "Standard Plumbing Supply Co. v. Gulesian" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

Standard Plumbing Supply Co. v. Gulesian

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eBook details

  • Title: Standard Plumbing Supply Co. v. Gulesian
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 14, 1937
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

LUMMUS, Justice. The General Heating Appliance Company, at the request of the plaintiff, in November, 1934, installed in the house of one Hersey an oil burner of the gun type. It was of common or 'stock' design, weighed about 130 pounds, was supported on legs resting on the concrete floor of the cellar, and had a pipe or gun which projected into a brick and asbestos chamber under the furnace which already was there. The Judge, sitting without a jury, found as follows: 'The removal of the burner would in no way damage the property. Everything can be screwed out. There is nothing really attached to the furnace. It rests on bricks surrounded by loose asbestos. It is not cemented to it. Everything would be left as it was before. I find as a fact, in view of this method of installation that the burner and accessories were personal property at the time that they were originally installed and remained personal throughout, and were never wrought into or attached to the real estate.' The price of the burner as between the plaintiff and Hersey was $445 of which $350 was paid, leaving $95 due. The plaintiff reserved the title when the burner was installed. On December 15, 1934, by written agreement between the plaintiff and Hersey, the balance due was made payable in eighteen monthly instalments, and it was provided that the title to the burner and its accessories should remain in the plaintiff until the entire balance should be paid, and that the burner and its accessories should be deemed personal property.


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