Smyth Sales Corp. v. Norfolk Building & Loan Ass'n

The opinion of the court was delivered by

Case, J.

Plaintiff sued in replevin to recover possession of certain portions of an oil burner equipment which, in its entirety, had been sold to the owner of the premises upon a filed conditional sale contract. The trial judge, sitting without a jury upon an agreed state of facts, found for the plaintiff. The Supreme Court affirmed. Defendant appeals. The suit involves identical facts and points of law with regard to the properties known respectively as 155-157 Montclair avenue and 159-161 Montclair avenue, in the city of Newark. The discussion may be…