Delaware Hill Development Co. v. Delaware Building Corp.

The plaintiff, as purchaser of an apartment house in the city of Buffalo on foreclosure of its second mortgage thereon, claims a gas burner which the defendant Tuffley Burner Corporation installed in the coal furnace therein prior to execution of said mortgage and removed before institution of this action. The question whether it was placed on approval or a conditional sale contract should have been filed was reserved, but after the sale for less than plaintiff’s claim is now litigated.

The defendant contends that the complaint does not negative knowledge by plaintiff of defendant’s title as…