Glasgow v. Hill

Citations

• 29 Pa. Super. 222
• 1905 Pa. Super. LEXIS 300

Syllabus

<p>Fixtures — Trade fixtures — Ice plant — Evidence—Question for jury — Replevin.</p> <p>In an action of replevin to recover a steam engine, dynamo and pump, it appeared that the defendant in the replevin owned land on which was erected an ice plant, which he operated. Under a judgment against the defendant in the replevin the land and plant were sold, and a deed made to plaintiff therefor. Shortly after the execution of the deed, the defendant removed from the plant the property which was the subject of the replevin. Over two years prior to the sale, the defendant secured a charter for a corporation, and made a proposition to sell the ice plant to the corporation, which the latter accepted and took possession of the property, and continued the ice business. The transaction, however, was not consummated at the time of the execution of the deed, to plaintiff, and the charter of the corporation was not recorded until after the writ of replevin had been issued. There was evidence that the chattels in question had been purchased and installed by the corporation, while in possession of the premises. There was also evidence that they had been put into the plant to supply the place of similar-machinery owned by defendant, which had been worn out. It appeared that the articles in question were attached to the freehold connected with the other machinery, and were absolutely necessary to the operation of the plant. Held,, that it was for the jury to determine whether the chattels were the property of the corporation placed in the plant as trade fixtures, and that a verdict and judgment for the plaintiff should be sustained.</p>