CHAPTER 2 CASE PROBLEM M.P. Moller v. Wilson, 8 Cal. 2d 31, 63 P.2d 818 (1936) Mr. Ferguson had a house built for himself in the San Fernando Valley. He borrowed the money for the project, and the loan was secured by a trust deed. While the house was under construction, Ferguson ordered the plans modified to accommodate a pipe organ. The organ console (with the keyboard) was to be placed in the living room, and a chamber was constructed in the basement to house the organ chest (containing the pipes). The console and chest would be connected by a cable. Ferguson had a stairway added, leading from the living room down to the organ chamber. Ferguson ordered an organ from the M.P. Moller Company. The organ chest was built to fit the chamber in Ferguson’s basement. Ferguson agreed to pay $8,500 for the organ on an installment sales contract; the Moller Company would retain title to the organ until the contract was paid in full. The organ was installed after the house was completed. Things didn’t work out for Ferguson, however. Not long after moving into the
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