Frick

Frick v. Frigidaire Corp.

Good Law
119 Cal. App. 707·1932 Cal. App. LEXIS 145·7 P.2d 321
Court of Appeal of CaliforniaJanuary 16, 1932Docket No. 4481.California3,282 words

Opinion

Lead Opinion

Plummer, J.

In this action the plaintiffs filed a complaint seeking an order of the trial court restraining and enjoining the defendant from removing certain frigidaire equipment appliances incorporated as fixtures into a three-story apartment house erected for them under and' by virtue of a contract hereinafter referred to.

The defendant, in addition to answering the plaintiffs’ complaint, filed a cross-complaint in detinue seeking recovery of the property referred to, under a conditional contract of sale entered into with the contractor who erected the apartment house for the plaintiffs. To this cross-complaint the plaintiffs answered, setting up want of knowledge of the existence of any such contract; also the fact that the frigidaire appliances and equipment pertaining thereto had been incorporated into, and become a part of the realty of the apartment house. The plaintiffs had judgment upon their complaint, and also upon their answer to the defendant’s cross-complaint.

While the record shows, we think, sufficient grounds for the interposition of equity in this case, by reason of the damage that would result to the building by the removal of the frigidaire equipment referred to, and the…

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