East New York Electric Co. v. Petmaland Realty Co.

The plaintiff had made two contracts in the autumn of the year 1921 with Petmaland Realty Co., Inc., whereby the plaintiff agreed to furnish and install electric wiring and electric fixtures upon real property belonging to Petmaland Realty Co., Inc. Each contract provided that “ title to goods to vest in vendor until fully paid for in cash. If said property is retaken by vendor, sums paid thereon shall be deemed to have been paid for use, wear and tear.” After the plaintiff had fully or substantially performed its contracts, and the defendant had failed to pay the agreed price of $560 which…