Donahue v. Hardman Estate

Citations

• 91 Wash. 125
• 157 P. 478
• 1916 Wash. LEXIS 1029

Syllabus

<p>Appeal — Jurisdiction—Amount in Controversy. In , an action to recover possession of personal property, the amount in controversy governing the jurisdiction on appeal is the value alleged in the complaint and not the amount recovered.</p> <p>Fixtures — Tenant—Right of Removal — Surrender. An assignee of the tenant must exercise the right to remove trade fixtures before surrendering the lease.</p> <p>Same — Mortgagee of Tenant — Right of Removal. After surrender of the premises by the tenant, a mortgagee of trade fixtures cannot remove them.</p> <p>Fixtures — Tenant—Hotel Equipment — Attachment to Building. The law of fixtures applies as between tenant and landlord, where tenants installed window shades attached to the building in the ordinary manner, towel hangers actually attached with screws, and medicine cabinets attached by boring holes in the wall and putting in a block to which the chests were attached by screws.</p> <p>Fixtures — Sale—Bill of Sale — Reservations of Title. A bill of sale of hotel furnishings made by the owner of the hotel, reciting that it is understood that the sale does not affect the title to “any fixtures attached to the building,” accompanied by a receipt stating that the owner retains title to specified equipment “and any other fixtures attached to the building,” shows clearly that the owner reserved title to the fixtures attached to the building.</p>