Blake-McFall Co. v. Wilson
Oregon Supreme Court
From Multnomah: Calvin TJ. Gantenbein, Judge.. Department 1. Blake-McFall Company, a corporation and a wholesale dealer in paper, stationery, and wooden and willow ware, brought this action against Samuel F. Wilson, Eugene A. Dudley, and Jessie Dudley, his wife,, for the conversion of an Otis elevator which had been installed in a building originally erected by the plaintiff but subsequently conveyed by the corporation to Samuel F. Wilson and Eugene A. Dudley.
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From Multnomah: Calvin TJ. Gantenbein, Judge.. Department 1. Blake-McFall Company, a corporation and a wholesale dealer in paper, stationery, and wooden and willow ware, brought this action against Samuel F. Wilson, Eugene A. Dudley, and Jessie Dudley, his wife,, for the conversion of an Otis elevator which had been installed in a building originally erected by the plaintiff but subsequently conveyed by the corporation to Samuel F. Wilson and Eugene A. Dudley. The plaintiff claims that the elevator was personal property by force of an agreement. The defendants argue that the elevator was an…
1Opinion of the CourtHarris, J.
What was the character of the elevator in June, 1912, when the plaintiff agreed to sell and Wilson agreed to buy the premises at Fourth and Ankeny Streets? Was the elevator personalty, or was it realty? If the elevator, notwithstanding its installation in the building, had never lost its character as personal property, then it may be assumed that it was competent for the plaintiff and Wilson to agree, either by parol or in writing, that the elevator should continue to remain personalty and beyond the grasp of the deed. If such was the quality of the elevator, then Wilson and the plaintiff…
2Cases cited37 opinions
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Kerr v. KingsburyMichigan Supreme Court · 1878
- Snedeker v. . WarringNew York Court of Appeals · 1854
- Wolff v. SampsonSupreme Court of Georgia · 1905
- Landigan v. MayerOregon Supreme Court · 1898
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3Cited by46 opinions
- Frost v. SchinkelNebraska Supreme Court · 1931
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- Marks v. Twohy Bros.Oregon Supreme Court · 1921
- City of Bend v. Title & Trust Co.Oregon Supreme Court · 1929
- Cross v. CampbellOregon Supreme Court · 1944
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