Miller v. Waddingham

Citations

• 3 Cal. Unrep. 375
• 25 P. 688
• 11 L.R.A. 510

Syllabus

<p>Fixtures.—Houses Built on Mud-sills Resting upon the Soil, which is not disturbed, are affixed to the land within the terms of Civil Code, section 660, declaring that “a thing is deemed to be affixed to the land when it is ... . permanently resting upon it, as in the case of buildings.”</p> <p>Fixtures.—Such Houses Built by a Contractor for a Vendee in possession, who has paid part of the price for the land, and who, being unable to pay for the houses, turns them over to the contractor, cannot be removed from the freehold by the latter. Distinguishing Hendy v. Dinkerhoff, 57 Cal. 3.</p> <p>Fixtures.—A Vendee Who has not Paid the Entire Purchase Price cannot claim the right to remove houses built by him on the land on the principle that, since equity regards that as done which ought to be done, he should be deemed the trustee of the purchase money for the vendor, and the equitable owner of the land, with the right to deal with it as he pleases.</p> <p>Fixtures.—A Vendee Who, While in Possession Under an Ex-ecutory contract of purchase, has built houses on the land before paying the entire purchase price, may be enjoined by the vendor from removing them.</p>