When the property in unfixed materials passes to the employer depends upon the intention of the parties, but generally it will remain in the contractor until the materials are fixed1. Where the materials are subject to a contract of sale, the delivery of such materials to the site will appropriate them to the contract and pass the property to the person ordering the materials2. The mere fact that it would be difficult to remove the materials from the site is not sufficient to show that the property in them has passed3. Where the contract provides that the employer shall
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