75 Wash. 181 | Wash. | 1913
It is sought in this action to recover possession of thirty-six large vats used in the curing of codfish, which were located in a building formerly owned by respondent and by it sold to the Anacortes Creamery & Produce Company, and subsequently sold by the creamery company to the appellant. The case was tried without a jury, and judgment entered by the court in favor of respondent, from which this appeal is taken. The judgment also awarded damages in the sum of $528, the amount fixed by the court as the necessary cost of planking and flooring the space occupied by the vats,
The original contract was dated November 27th, 1909, and after providing for the terms of the sale, it was provided that “said Robinson Codfish Company is to give possession of from one-third to one-half of the floor space upon the payment of $4,000 as above, and until the property is vacated by said Robinson Codfish Company, said company is to have the privilege of removing the vats from said building, but in case they do remove them they are to cover the space occupied by the vats by planking of as good quality as that in the other flooring of the building.” This agreement was made with James M. Armstrong, who was at that time the president of the creamery company. Subsequently, Armstrong assigned the contract of purchase to the creamery company, and on September 1st, 1910, a new contract was entered into between the codfish company and the creamery company, which recited that it was a modification of the terms of the original contract, and named new terms and conditions, providing, however, for the occupancy of the codfish company, but making no special reference to the vats. This second agreement gave way to a third one on May 8th, 1911, extending the time of the deferred payments upon certain expressed conditions, but making no reference to the vats. Thereafter, and on August 21, 1911, the respondent executed and delivered its deed to the creamery company, and on September 7th the creamery company sold to appellant. The codfish company sought to continue its possession as a tenant under appellant, but being refused, it vacated the building, and appellant refusing to recognize its claim to the vats, brought this action for their recovery.
Appellant bases its appeal upon its contention that the vats were real fixtures and passed with the deed. It does not, however, appear to us that it is necessary to determine whether the vats were fixtures or chattels, as we believe the
Appellant supports its contention upon the fact that no mention of the vats was made in the modified agreements. It is, however, apparent that the modified agreements were intended to relate simply to the method and time of making the deferred payments, and that it was at all times understood that the property was the same as described in the original
The finding of the lower court is sustained and the judgment affirmed.
Crow, C. J., Fullerton, Main, and Ellis, JJ., concur.