The American Reports: Containing All Decisions of General ..., volume 36

Cover The American Reports: Containing All Decisions of General ..., volume 36
The American Reports: Containing All Decisions of General ..., volume 36
Isaac Grant Thompson, Irving Browne, Lawyers Co-Operative Publishing Company
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NOTB BT THX Rbpokfbb.— In AppUby ▼. Myerg, L. R., 2 C. P. 651, this doctrine was the sal^ect of the following decision: Blackbubm, J. *'Then it was argued before us, that Inasmuch as this was a contract of that nature which would in pleading be described as a contract for woric, labor, and mate- rials, and not as one of bargain and sale, the labor and materials necessarily became the property of the defendant as soon as they were worked into his premises and became part of them, and therefore w
...ere at his risk. We think that as to a great part at least of the work done in this case, the materials had not become the property of the defendant: for we think that the plaintifts, who were to complete the whole for a fixed sum, and keep it in repair for two years, would have had a perfect right if they thought that a portion of the engine which they had put up was too slight, to change it and substitute another in their opinion better calculated to keep in good repair during the two years, and that with- out consulting or asking the leave of the defendant.

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