New York Life Ins. Co. v. Thompson

For convenience the parties will be referred to as they appeared in the trial court. The facts are substantially as follows: The plaintiff owned an apartment house in Tulsa on which the defendant held a mortgage, executed by ’a prior owner and which plaintiff had not assumed. In 1932, the mortgage was in default and the defendant brought suit to foreclose.

While owning the premises the plaintiff had equipped the building, including 12 electric refrigerators purchased from the Standard Roofing & Material Company under a conditional sales contract. Negotiations were entered into between…