Strain v. Green

25 Wn.2d 692 (1946)

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Nature of the Case

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Facts

Green (D) agreed to sell to Strain (P) his waterfront home for thirty-five thousand dollars. D was to have 60 days time to move out of the house. Ds executed a statutory warranty deed to P which they acknowledged and delivered to Ps. Ds left the premises, taking with them, from the basement, the hot water tank and enclosed electric heater, the Venetian blinds from the windows, certain lighting fixtures, and three mirrors, two of which were rather firmly attached to the walls. Ps also alleged that they unlawfully carried away a fireplace screen, a tool house, and certain chicken wire, with the posts which supported it. The total value of the articles removed was alleged to be $1,105. P demanded the items be returned. This action was brought to have the items returned or to pay $1,105 in damages. The trial court held that the automatic hot water tank was a fixture, and must be returned. The Venetian blinds were also held to be fixtures and ordered returned. Certain damages were awarded with respect to reinstallations. The court held that the light fixtures and mirrors were personal property, which the Ds had a right to remove, and it is from that holding that this appeal is taken.