Filley v. Christopher

Citations

• 39 Wash. 22
• 80 P. 834
• 1905 Wash. LEXIS 805

Syllabus

<p>Fixtures—What Are—Furnace, Boiler and Pipes. A furnace and boiler in a theater building, resting upon solid foundations, and which, could not be removed without tearing away masonry, together with the pipes and radiators connected therewith, are fixtures and pass upon a sale of the realty.</p> <p>Same—Opera Chairs, Curtains, and Appliances in Theater. Opera chairs in a theater screwed to the floor, drop curtains, scenery, and the usual appliances, are fixtures and part of the realty within the criterion: (1) actual annexation to the realty or appurtenant</p> <p>thereto; (2) application to the purpose to which that part of the realty with which it is connected is appropriated; and (3) the intention of the party.</p> <p>Same—Evidence of Intention of Party. The surrender of a ticket box with the sale of a theater building, by the person who placed it therein, may be considered as indicative of his intention, upon the question of its annexation to the realty as a fixture.</p> <p>Same—Instructions.- Reading judicial decisions to the jury on the complex question of what constitutes a fixture is not to be commended.</p> <p>Same—Removal—Injury to Building and Value oe Article. Instructions to the jury on the subject of what constitutes a fixture should not give too much prominence to the injury to the building from removal and the value of the article removed, which are circumstances to be considered, but not controlling.</p>