Fratt v. Whittier

Citations

• 58 Cal. 126

Syllabus

<p>Fixtures—Definition — Construction of Deed—Hotel.—The plaintiff contracted to sell the lot, on which was situated the “ Orleans Hotel,” in Sacramento, “and the appurtenances and improvements thereunto belonging”—the contract providing that the plaintiff might “remove from the upper floors of said property his furniture, pictures, and carpets, but that none of the permanent fixtures or appurtenances to said property shall be removed;” and afterwards the plaintiff, by deed, conveyed the lot to defendant, “and the appurtenances and improvements thereunto belonging”—the deed reciting that it was made in pursuance 'of the agree- ' ment, and “subject to the terms, conditions, and reservations in said agreement contained and expressed. ” At the time of the agreement and conveyance, there was attached to the building certain gas fixtures, consisting of chandeliers, globes, brackets, burners, pendants, etc., the kitchen range with the boiler attached, a patent water-filter, tanks, and mosquito-screens. Held, that these passed by the deed.</p> <p>Id.—Id.—Id.—As between vendor and vendee, the rule for determining what is a fixture is always construed strongly against the seller; and whatever is essential for the purposes for which the building is used, will be considered as a fixture, although the connection between them may be such that it may be severed without physical or lasting injury to either. In fact, whatever the vendor has annexed to a building for the more convenient use and improvement of the premises, passes by his deed.</p> <p>Id.—Id.—Id.—Parties themselves may by express agreement fix upon chattels annexed to realty, whatever character they may have agreed upon; and held, that the reservation in the deed in this case fixed upon all the chattels which the plaintiff had annexed to the hotel, and which were necessary to his use and enjoyment, the character of appurtenances and improvements to the hotel.</p>