Smith v. Holland Furnace Co.

*581The opinion of the court was delivered by

Dawson, J.:

This was an action for the value of a furnace which defendant had removed from plaintiffs’ house on the assumption that it had the right to do so because of the terms of a contract under which the furnace had been installed.

The facts developed by the pleadings and by an agreed statement of facts were to this effect:

Plaintiffs owned a house in Kansas City. On February 1, 1927, they made a contract for its sale to one Lumsden and his wife. The contract provided that the Lumsdens should pay $150 in cash for an option to purchase, which option…