Hendy v. Dinkerhoff

Citations

• 57 Cal. 3

Syllabus

<p>Fixtures — Personal Property—Beauty.—Personal property annexed to realty still retains its character as such, if the parties so intended in annexing it, unless it has become so absorbed or merged into the realty that its identity as personal property is lost, as where it cannot be removed without practically destroying it, or where it is essential to the support of that to which it is attached.</p> <p>Id.—Id.—Id.—Id.—L. was in possession of land under a contract to purchase from the defendant; the contract providing, that if L. failed to perform its terms, then all tools and machinery put upon the land by L. should be the property of the defendant. The plaintiff leased an engine and boiler to L., with a privilege of purchase. The plaintiff knew that the chattels were to be affixed to said land, but did not know of the terms of said contract. L. affixed the chattels to the realty so that they could not be removed without destroying the masonry and wall to which the chattels were affixed. L. failed to complete his purchase of the land, and forfeited the lease of the chattels. Held, as against the defendant, that the chattels remained the personal property of the plaintiff.</p>