Public-domain · open source
OpenJurist

22 F. Cas. 560

Smith v. Heiskell

U.S. District Court

Decided November 15, 1802

U.S. District Court · decided 1802-11-15

<p>Case No. 13,056.</p> <p>Fixtures — Stoves—Vendor and Purchaser.</p> <p>Franklin stoves fixed, in the usual manner with bricks and mortar, pass to the vendee of the house.</p> <p>[Cited in Rahway Sav. Inst. v. Irving St. Bap-~ tist Church, 36 N. J. Eq. 62.]</p>

Decided 1802-11-15

¶1Trover for Franklin stoves fixed in the fireplaces of the house winch the defendant purchased of the plaintiff. They were fixed In the usual manner with bricks and mortar. The jury found that when the plaintiff sold the bouse to the defendant, he expected to be paid for the stoves in addition to the price of the house. The cases cited were, Lawton v. Lawton, 3 Atk. 13; 2 Bac. Abr. (Gwillim’s ’Ed.) 420.

¶2Judgment for the defendant, it being a ease between vendor and vendee.

/22/fcas/560 · .json · Public domain