Wellman

The defendants appealed from a judgment against them in a suit in replevin for certain bar fix tures and furnishings installed in a saloon in Los Angeles under a contract between one Conroy and the Brunswiek-Balke-Collender Company, the plaintiff's assignor. The judgment was for the return of the property claimed-, except a small part concerning which there is no dispute and which the trial court determined could not be removed from the saloon without injury to the realty. The holder of the lease of the realty from whom Conroy and his successors in interest rented the saloon intervened in the action and is satisfied with that part of the judgment protecting the realty from injury.

After the installation of the property Conroy became financially involved, and with the consent of the plaintiff’s assignor, he assigned all his rights under the contract in question to Forster & Stoner, copartners. They in turn approached the brink of bankruptcy and a meeting of their creditors was called. A transfer of the partnership property was made to three trustees, of whom one was M. L. Cruse, who was an employee and who described himself as the credit manager of the plaintiff’s assignor. In…