M. P. Moller Inc. V. Wilson

THE COURT. The plaintiff sued to recover the possession or the value of a certain Moller residence pipe organ sold to one Ferguson for the sum of $8,500 under conditional sale contract and installed in his former home in the San Fernando Valley, Los Angeles County. Since the installation of the organ the residence and lot were sold pursuant to a trust deed executed by Ferguson. Subsequently the defendants Wilson bought the residence from the purchaser under the trust deed. Ferguson had defaulted in the payments under the conditional sale contract, and had made only the down payment at the time of the sale of the residence under the trust deed. About six months after the transfer to the defendants of title to the residence property the plaintiff served a demand upon them for the possession of the organ. The demand was not complied with and this action followed. The trial court found that the organ after its installation retained its character as personal property and did not become a fixture nor a part of the realty. It found the value of the instrument to be $4,500 and rendered judgment for the plaintiff. The defendants appealed.