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That Furnace Case

That Furnace Case image
Parent Issue
Day
19
Month
May
Year
1899
Copyright
Public Domain
OCR Text

In The case of Chas. R. Whitman vs. Adrián A. Hare the jury came in and reported a verdict in favor of the defendant. This means no cause of action or that the defendant is entitled to the fnrnace The furnace is now in the possession of the plaintiff The plaintiff had replevined the furnace and aleo clairned damages, on account of its removal from bis house and losses resnlting to him therefrom. The poinc which determina the issue with the jury seems to nave been the qnestion as to wbether the furnaoe was a fixtqre, According to evidence of plaintiff, the furnace was put in on trial. That as it was not to be finally accepted ás satisfactory until it had been detërmined whether it would heat theiirst story of the house to 70 degrees ácP the second story 65 degrees ia zero weather As there had been no zero weather np to Nov. 15, when it was removed, this qnestion had not been determined and henee the jury took the view that it could not be regarded then as a fixture.