| Wis. | Feb 8, 1927
The trial court failed to make findings of fact as required by the statute, and were there any substantial conflict in the evidence we would send the case back.for a finding of facts. It is a case where different inferences may be drawn from the evidence rather than a conflict therein. The opinion of the trial court aids us in determining what it found as facts, but it should clearly be borne in mind by trial courts that the statute as to findings of fact is not satisfied by an opinion.
A careful scrutiny of the evidence satisfies us that the trial court was correct as to the question of a ten-year lease. The evidence did not show that one was executed, and we affirm the judgment so far as the lease is concerned.
As to the fixtures we come to a different conclusion, and chiefly because the intention of the parties indicates that they were personalty and owned by the Treleven Company, which carried on the department store. The fixtures were suitable for such business and consisted of cabinets, counters, shelving, window backs, etc. It is well settled that the intention of the parties as to whether fixtures are removable or belong to the realty is controlling in the absence of superior rights of third parties and that a liberal rule as to removal of trade fixtures obtains in this state. Rinzel v. Stumpf, 116 Wis. 287" court="Wis." date_filed="1903-01-13" href="https://app.midpage.ai/document/rinzel-v-stumpf-8187488?utm_source=webapp" opinion_id="8187488">116 Wis. 287, 93 N. W. 36; E. M. Fish Co. v. Young, 127 Wis. 149" court="Wis." date_filed="1906-01-30" href="https://app.midpage.ai/document/e-m-fish-co-v-young-8188412?utm_source=webapp" opinion_id="8188412">127 Wis. 149, 106 N. W. 795; Brobst v. Marty, 162 Wis. 296" court="Wis." date_filed="1916-02-01" href="https://app.midpage.ai/document/brobst-v-marty-8191950?utm_source=webapp" opinion_id="8191950">162 Wis. 296, 156 N. W. 195; State ex rel. Hansen S. Co. v. Bodden, 166 Wis. 219, 164 N. W. 1009; 11 Ruling Case Law, 1069.
By the 'Court. — The judgment is modified by excluding the fixtures as a part of. the real estate, and as so modified is affirmed, with costs to the appellants.