20 A.2d 358 | N.J. | 1941
Plaintiff below brought an action in replevin against appellants, owners and tenants respectively of a theatre property, and recovered a judgment awarding it possession of a turbine pump. The facts disclose that appellants in 1936 entered into an agreement to build a theatre. The theatre was erected and included a cooling system, of which the pump later became a part. L H Theatres, Inc., then rented the building and appurtenances for twenty-one years.
In 1937 respondent sold the pump in question to Brooks Motors, Inc., and it was installed in the theatre. Brooks Motors, Inc., did not pay in full for the motor and in 1938 respondent recovered judgment against it in the sum of $617.44, issued execution thereon and in 1939 purchased the pump at the execution sale. Thereafter, it made written demands upon appellants for possession, which were refused. The state of case settled by the District Court Judge states: "The court found as a matter of fact that the pump remained a chattel, and decided as a matter of law that the pump remained a chattel * * *."
In Feder v. VanWinkle,
The instant case is controlled by that principle and the judgment of the District Court is, therefore, reversed, with costs.