Bell v. Mortgage Guarantee Co.

Action in claim and delivery for the recovery of a steam heating plant.

There is no dispute concerning the facts. Plaintiff in the year 1927 entered into an oral agreement with one Patch to install a complete steam heating system and water plant in an apartment house which Patch was constructing in Berkeley. At this time nothing was said as to terms of payment. After the installation of the plant and after it was in full operation two payments were made by Patch ■upon the same, amounting to .the sum of $1900. Being unable to pay the balance due, Patch thereafter signed a conditional contract…