Cohn

This is an action in trover for the conversion by defendant of a gas engine and its attachments and for the recovery of the value of the same.

The action was tried before the court without a jury upon an agreed statement of facts and other evidence, and the court gave judgment in favor of plaintiff for the sum of $1,400, the value of the engine, and $50 expenses. The find ings show that one B. B. Bullock, who was the superintendent of the Prosperity Mining Company, procured of plaintiff one forty horse-power crude-oil engine, together with the fixtures thereof, consisting, of one sparking dynamo, battery, pulley, shafting and boxes, the price—$2,100—to be paid for in installments, the title to remain in plaintiff until the purchase price was fully paid and then plaintiff to sell and convey to Bullock. The agreement was in writing and not recorded. The engine and its attachments were received and set up on land belonging to defendant but which was then under lease to. Prosperity Mining Company. That this machinery was affixed to the said mining land in the following manner: “A solid foundation of concrete or cement was constructed mostly below the surface of the ground. Upon this…