Holland Furnace Co. v. Pope

The only issue here is between the vendor of the furnace and the vendor of the real property. The issue was tried on the plaintiff’s petition and the defendant’s petition of intervention. The facts are stipulated, or proved without conflict. Intervener sold the house and lot in question on May 17, 1923, to Pope on contract. • On June 28, 1923, plaintiff sold Pope the furnace in controversy, and installed it. The intervener’s contract with Pope contained the ordinary forfeiture clause: that, on any default on the part of the vendee, the agreement shall be void, and he shall have no claim…