Gasaway v. Thomas

Citations

• 56 Wash. 77
• 105 P. 168
• 1909 Wash. LEXIS 851

Syllabus

<p>Fixtures — Definition. Whether an article, once a chattel, has become a fixture, depends (1) upon actual annexation to the realty, (2) application to the use to which that part of the realty is appropriated, and (3) the intention of the.parties to make permanent accession to the freehold.</p> <p>Fixtures — What Daw Governs. Upon a question as to fixtures on land in British Columbia, the law of that province governs.</p> <p>Evidence“Daws of Another Country — Expert Evidence — Fixtures. The opinion of a barrister in British Columbia that certain machinery on mining property was a fixture in that province, is not controlling where he did not testify to any statute or judicial decision, especially where he erroneously assumed that the machinery was used in working a mine, and where, from decisions cited, it should be presumed that the general rule there was the same as our own.</p> <p>Fixtures — Mining Machinery- — Installed by Purchaser for Prospecting. Mining machinery installed by a purchaser under a contract whereby he was to pay annual installments, and to take possession and prosecute a certain amount of development work, remains personal property which he can remove on forfeiting the contract before surrendering possession, where it appears from the purchaser’s testimony that the machinery, a hoisting engine and boiler, were installed for the sole purpose of prospecting the claims and to determine their value, and were not suitable for working the mines.</p>