137 Iowa 18 | Iowa | 1908
Tbe plaintiff alleged in bis petition that be was tbe owner of certain finishing lumber, doors, and transoms which bad been placed by tbe defendant in an unfinished building for the purpose of completing and finishing tbe same; that suitable and proper openings for tbe doors and transoms in question bad been left in the building; and that said material, including tbe finishing lumber, was necessary for tbe completion of tbe same, and that be became tbe owner of such material by purchase of tbe real estate on which tbe building was located.
Tbe demurrer made the point that no cause of action was stated in tbe petition, because it showed on its face that tbe lumber and material was in no manner fastened to tbe building, and was therefore no part thereof, and did not pass with tbe realty. Tbe petition does state that tbe material described was in no manner fastened to tbe building, and tbe sole question for determination is whether it passed with tbe general conveyance of the land. Tbe question is an interesting one, and tbe decisions thereon in tbe several jurisdictions are far from harmonious. Our own cases fairly support tbe judgment below, and we think tbe trend of maclern authority is in the same direction. A leading case on tbe subject of fixtures is Teaff v. Hewett, 1 Ohio St. 511
It is the undoubted holding of these and others of our own decisions that the’ intention of the party making the annexation is the question of controlling importance in all cases of this kind, and that physical attachment need be of no particular kind or degree, and that any annexation which,
We think the demurrer rightly overruled, and the judgment is affirmed.