Babcock Davis Corp. v. Paine
Massachusetts Supreme Judicial Court
Tobt for the alleged conversion by the defendants of three flights of iron staircases, which the plaintiff on March 2, 1916, had sold to the then owner of property numbered 41-55 Beach Street in Boston by a conditional sale, recorded on March 6, 1916, •and which had been wrought into the building before the defendants had purchased it on March 20, 1917. Writ dated October -9, 1919. In the Superior Court, the action was heard by McLaughlin, J., without a jury, upon an agreed…
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Tobt for the alleged conversion by the defendants of three flights of iron staircases, which the plaintiff on March 2, 1916, had sold to the then owner of property numbered 41-55 Beach Street in Boston by a conditional sale, recorded on March 6, 1916, •and which had been wrought into the building before the defendants had purchased it on March 20, 1917. Writ dated October -9, 1919. In the Superior Court, the action was heard by McLaughlin, J., without a jury, upon an agreed statement of facts. Material evidence is described in the opinion. At the close of the evidence, the judge ruled as a…
1Opinion of the CourtCarroll, J.
On March 2, 1916, the plaintiff made a written contract with Werby and Davis, the owners of certain real estate in Boston, whereby the plaintiff was to deliver and install certain iron staircases in the building then in process of construction on the premises. The agreement provided that the “materials, goods, and chattels shall remain the property of said Babcock Davis Corporation until fully paid for in cash” and "shall remain personal property no matter how the same may be affixed to any real estate until the same is fully paid for in cash.” On March 6, 1916, the contract was recorded in…
2Cases cited4 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Stone v. LivingstonMassachusetts Supreme Judicial Court · 1915
- Commonwealth v. DejardinMassachusetts Supreme Judicial Court · 1878
- Nickels v. SchollMassachusetts Supreme Judicial Court · 1917
3Cited by19 opinions
- Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1958
- Medford Trust Co. v. Priggen Steel Garage Co.Massachusetts Supreme Judicial Court · 1930
- Town of Sudbury v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1966
- Assessors of Springfield v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1947
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