Bell v. Mortgage Guarantee Co.

Action in claim and delivery for the recovery of a steam heating plant.

There is no dispute concerning the facts. Plaintiff in the year 1927 entered into an oral agreement with one Patch to install a complete steam heating system and water plant in an apartment house which Patch was constructing in Berkeley. At this time nothing was said as to terms of payment. After the installation of the plant and after it was in full operation two payments were made by Patch ■upon the same, amounting to .the sum of $1900. Being unable to pay the balance due, Patch thereafter signed a conditional contract of sale covering the plant, by the terms of which title was reserved in plaintiff. Subsequently Patch made application to defendant corporation for a loan upon the premises. The loan was granted and the apartment house was conveyed to defendant under a deed of trust to secure the payment of the loan. At the time defendant was appraising the property for the purpose of making the loan, nothing was said by anyone concerning the title to the heating plant and defendant was of the belief that the plant constituted a part of the building. Subsequently defendant, pursuant to a sale under the deed…