Real or Personal Property. Mortgage, Of real estate. Sale, Conditional.
At the hearing of an action by the vendor under a contract of conditional sale of certain beds installed in a building against a purchaser of the building at a sale in foreclosure of a mortgage of the building and "fixtures of whatever kind or nature at present contained" therein, which was given following the installation of the beds, it appeared that the defendant refused to deliver the beds to the plaintiff in accordance with a demand made following a default under the contract of conditional sale, but the judge found, on evidence warranting the finding, "that the premises where the beds were installed were expressly designed for the permanent retention and use of the beds and by their installation the beds became fixtures," and found for the defendant. Held, that no error was shown.
WAIT, J.
The principles of law which govern this case are stated with clarity and with ample citation of authorities in Medford Trust Co. v. Priggen Steel Garage Co. 273 Mass. 349. Restatement is unnecessary. The beds in question could be found to be, in fact, articles of household furnishing intended by the owner of the real estate who installed them in his apartment house to form permanently part of the completed dwelling. The trial judge so found on the evidence. That finding is final.
The conditional sale contract was made and the beds were installed before the mortgage of the realty was executed. The beds passed as fixtures to the mortgagee. We need not discuss the rulings requested but not given. They were rendered immaterial or inapplicable by the finding of fact that the beds were fixtures.
The Appellate Division was right. Its order dismissing the report is
Affirmed.