62 Wash. 56 | Wash. | 1911
Action by American Radiator Company, a corporation, to foreclose a materialman’s lien. From a decree in its favor, the defendants have appealed.
Appellants insist that the boiler, radiators, and other appliances did not become fixtures; that they could be removed without damage to the building; and that they continued to be personal property, for which respondent was not entitled to claim or foreclose a lien on the building. There is no issue as to the form or sufficiency of the lien notice, the amount due, or the sales made. If the materials became fixtures, a part of the building, and were used in its construction, then respondent was entitled to a lien. Rem. & Bal. Code, § 1129.
In Filley v. Christopher, 39 Wash. 22, 80 Pac. 834, 109 Am. St. 853, we said:
“Little could be gained by a review of the authorities as to what constitutes a fixture. As said by this court in Philadelphia Mtg. & Trust Co. v. Miller, 20 Wash. 607, 56 Pac. 382, 72 Am. St. 138, 44 L. R. A. 559. ‘There is a wilderness of authority on this question of fixtures, and a hopeless conflict of decision.’ The true criterion of a fixture is the united applica*58 tion of these requisites: (1) Actual annexation to the realty, or something appurtenant thereto; (2) application to the use or purpose to which that part of the realty with which it is connected is appropriated; and (3) the intention of the party making the annexation to make a permanent accession to the freehold. Within this rule, we are of opinion that all, or nearly all, of the articles above referred to are fixtures, and a part of the realty. Nearly all the authorities concur in holding that a furnace and boiler, together with the radiators and piping connected therewith, such as are above described, constitute a part of the realty. Thielman v. Carr, 75 Ill. 385; Folsom v. Moore, 19 Me. 252; Main, v. Schwartzwaelder, 4 E. D. Smith (N. Y.) 273; Raddin, v. Arnold, 116 Mass. 270; Hopewell Mills v. Taunton Sav. Bank, 150 Mass. 519, 23 N. E. 327, 15 Am. St. 235, 6 L. R. A. 249; Goodin, v. Elleardsville Hall Ass’n, 5 Mo. App. 289; Capehart v. Foster, 61 Minn. 132, 63 N. W. 257, 52 Am. St. 582; Woodham v. First Nat. Bank, 48 Minn. 67, 50 N. W. 1015, 31 Am. St. 622. These views are not inconsistent with the decision in Philadelphia Mtg. & Trust Co. v. Miller, supra. In that case the boiler was in no manner attached to the building except by its plumbing connections.”
Appellants were constructing a new building with heating plant and appliances as a part thereof. Their plans and specifications called for the boiler, the radiators, and all other appliances furnished by respondent. Although such appliances could after their connection be separated and removed without damage to the building, we do not think they were installed by appellants with any such purpose in view, or with any intention that they were to be considered as personal property should appellants subsequently decide to vacate or to sell the premises. Appellants’ intention must be deduced from their actions in erecting the building and installing the heating apparatus, in pursuance of the plans and specifications so prepared by their architect. The contractor was required to install the entire heating plant as a complete job. Appellants concede that the distributing pipes became a part of the realty. There is no evidence of any action or declaration on appellants’ part indicating their
Dunbar, C. J., Rudkin, Chadwick, and Morris, JJ., concur.