Ridgeway Stove Co. v. Way
Massachusetts Supreme Judicial Court
Tort for the conversion of two portable furnaces, with pipes, registers, register borders, and register boxes. Answer, a general denial.
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Tort for the conversion of two portable furnaces, with pipes, registers, register borders, and register boxes. Answer, a general denial. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : It appeared in evidence that one William Coady was the mortgagor in possession of certain real estate in Boston, consisting of two dwelling-houses with the land under and adjoining them ; that Coady in July, 1884, agreed with the agents of the plaintiff that the plaintiff should place in each of these houses a portable furnace, with…
1Opinion of the CourtMorton, C. J.
It is quite clear that the Superior Court was justified in finding that the property claimed in the plaintiff’s writ was annexed to and became a part of the realty, and passed to the defendant by his deed. The property claimed consisted of two portable furnaces, with the pipes and registers attached to them. They were put in as a part of the houses, were essential to the enjoyment and use of them as dwelling-houses, and were intended by the owner to be a part of the realty as soon as they were paid for. The facts that there was an agreement between the owner and the plaintiff that the…
2Cases cited1 opinion
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
3Cited by15 opinions
- Wentworth v. S. A. Woods Machine Co.Massachusetts Supreme Judicial Court · 1895
- Hook v. BoltonMassachusetts Supreme Judicial Court · 1908
- General Heat & Appliance Co. v. GoodwinMassachusetts Supreme Judicial Court · 1944
- King v. BlickfeldtWashington Supreme Court · 1920
- Triumph Electric Co. v. PattersonCourt of Appeals for the Eighth Circuit · 1914
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