Wickes Bros. v. Island Park Ass'n

Citations

• 229 Pa. 400
• 78 A. 934
• 1911 Pa. LEXIS 505

Syllabus

<p>Sale — Conditional sale — Machinery—Corporation—Fixtures.</p> <p>1. Where machinery is sold to a corporation under an agreement that title shall not pass until all the purchase money is paid, a -purchaser at a receiver’s sale of the corporate property with notice of the conditional sale of the machinery, or a holder of bonds secured by a mortgage given before the machinery was sold, has no higher right to the machinery than the corporation itself; if it appears that the machinery was held in place by bolts and could be easily removed without injury to the building, and that in correspondence between the seller and the purchaser it was referred to as the property of the seller, an intention not to convert the machinery into realty is clearly established.</p> <p>2. Mere physical attachment is not the test of annexation. The legal criterion is the intention to annex.</p>