Simons

In all matters essential to the decision these two cases are alike. For that reason we shall discuss the first case, and the decision there will determine the other case.

The plaintiff Simons brought his action to recover damages for the alleged conversion by the defendant of certain personal property of which the plaintiff claimed to be the owner and entitled to the possession thereof. Judgment was entered in favor of the defendant. The plaintiff appeals therefrom.

On or about the thirtieth day of November, 1919, defendant was the owner of a church building commonly known as the First Methodist Episcopal Church building, on the northeast corner of Sixth and Hill Streets, in the city of Los Angeles. On that day the defendant, as the seller, and Will W. Beach and J. P. Morgan, as the purchasers, entered into a contract in writing which provided that the purchasers should raze and tear down the walls and floors of said building, and remove the materials thereof from the premises. It was provided in the contract that “the purchasers shall have and the seller does hereby transfer to the purchasers all its right, title and interest in and to the materials composing said structure,”…