Oakley Co. v. Butler

On April 24, 1930, plaintiff entered into a contract with defendant Maude R. L. Butler wherein plaintiff was vendor and Maude R. L. Butler was vendee, for certain vacant land comprising city lots in the city of Westmoreland. Title was retained in the vendor, the vendee going into possession upon the execution of the contract. Vendee made a small down payment on the purchase price and agreed to pay the balance in monthly instalments. On December 1, 1930, the vendee under the contract leased the property to her husband, G. D. Butler, for a. term of years on a monthly rental basis. This lease permitted the lessee to erect buildings and to make improvements, which buildings and improvements when erected were to constitute trade fixtures. The lessee made certain improvements consisting of a garage with a concrete floor and certain other smaller buildings, and certain gasoline service station equipment. Thereafter the original vendee under the contract defaulted and this action was brought by plaintiff to foreclose the contract of sale as against Maude R. L. Butler and to quiet plaintiff’s title as against the other defendants. The defendant Hammond Lumber Company, a corporation,…