Moul v. Thompson, 12644.

• Decision Date: 19 September 1932
• Docket Number: 12644.
• Citation: 14 P.2d 1004,91 Colo. 323
• Parties: MOUL v. THOMPSON et al.
• Court: Colorado Supreme Court

14 P.2d 1004

91 Colo. 323

MOUL v. THOMPSON et al.

No. 12644.

Supreme Court of Colorado

September 19, 1932

In Department.

Error to District Court, City and County of Denver; Henry Bray Judge.

Action by C. B. Thompson and another against J. Fred Moul. Judgment for plaintiffs, and defendant brings error.

Affirmed.

Earl Sarchet, W. David McClain, and James E. Garrigues, all of Denver, for plaintiff in error.

Roy O Samson and Hindry, Friedman & Brewster, all of Denver, for defendants in error.

BURKE, J.

These parties appeared in reverse order in the trial court and are hereinafter referred to as there, or by name. The Western Columbia Laundry Company is referred to as the Western Company, the Zott Laundry Company as the Zott Company, and the Independent Investment Corporation as the Investment Company.

Plaintiffs charged that defendant took and converted $1,500 worth of their personal property, and they demanded judgment accordingly. Defendant denied generally and set up a counterclaim as to which assignments and briefs are silent and which will not therefore be further noticed. Plaintiffs by replication, denied generally, and by amendment thereto pleaded estoppel. The cause was tried to the court, which found generally for plaintiffs and gave them judgment for $1,020. To review that judgment defendant prosecutes this writ.

The questions here presented are: (1) The admissibility of certain evidence admitted over defendant's objection; (2) the character, i. e., real or personal, of the property involved; (3) the validity of the plea of estoppel. Preliminary to a discussion of these questions, and essential to a comprehension thereof, the following facts are noted:

The Western Company was a 'one man corporation,' and that man was Moul. It held title to certain real estate, the building thereon, the laundry business operated therein, and all the machinery, fixtures, and personal property used in that operation. One day this company transferred the land improvements, and enumerated fixtures, to Moul, who then and there leased it back to the company. Some months later Moul gave Zott, or the Zott Company, an option (not abstracted) to lease the premises and purchase certain of the property. The option was taken up by the Zott Company and the Western Company was dissolved by Moul. Some years later the Zott Company borrowed $9,000 of the Investment Company and secured the loan by a chattel mortgage on all its personal property used in operating its laundry. Within a few months the Zott Company went into bankruptcy and said mortgage was foreclosed. Plaintiffs bought at that foreclosure sale for $7,000 and, evidencing their purchase, received a bill of sale (not abstracted). Moul was present at that sale and silent. When plaintiffs began to remove their property a dispute arose between them and Moul as to what their purchase included. As a result thereof Moul padlocked the building to maintain the status quo. This suit followed. The property in question is thus described: 'Two blowers or ventilators in rear wall; one stone sink and piping connected therewith; two overhead water tanks and I-beam foundation therefor, and parts and piping leading to and from the same; parapets, signs and sign boards on roof; all conduit piping and electric wiring leading from the marble switchboard in the engine room to three switchboxes on back wall of premises, and from such boxes to all motors and machinery or to where such motors and machinery were formerly located, said conduit piping and electric wiring constituting the entire power and transmission lines; said three switchboxes; all steam and water pipe lines leading from the Kewanee boiler for the purpose of running the laundry and other machinery, being the heat presses and mangles and furnishing heat and water for the washing machinery; all piping and pipe lines of whatsoever nature or description pertaining to the transmission equipment.'

All this property was installed for and used in the operation of the laundry...