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WHAT ARE FIXTURES?
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between such chairs as were, and such as were not fastened to the floor.27 Intention of the parties is of paramount importance,28 although such intention may be spelt out by the fact that a chattel mortgage was placed upon the articles in question.29
Lighting and Gas Appliances that are essential to the operation of the theatre are fixtures.30 This is especially true where these appliances have been so built as to harmonize with the general decoration of the theatre,
thereby showing an intent part of the realty.31
27 Security Trust Co. v. Temple Co. (1904), 67 N. J. Eq. 514; 58 Atl. 865.
28 Sosman v. Conlon (1894), 57 Mo. App. *25. In an action to establish a mechanic’s hen it was held that the test whether the materials furnished for the building of the theatre were fixtures, was whether such materials were furnished and received with the intention of forming an integral part of the theatre. To the same effect: Halley v. Alloway (1882), 78 Tenn. 523.
29 Andrews v. Chandler (1888) , 27 111. App. 103. Held that chairs contained in an opera house were not fixtures upon the ground it was the intention of the owners of the opera house and those furnishing the chairs that they should not be regarded as such,
to make them a permanent
such intention being evidenced, among other things, by a chattel mortgage given thereon.
30 Security Trust Co. v. Temple Co. (1904), 67 N. J. Eq. 514; 58 Atl. 865. But see: McKeage v. Hanover Fire Ins. Co. (1880), 81 N. Y. 38; N. Y. Life Ins. Co. v. Allison (1901), 107 Fed. (C. C. A.) 179.
31 Wahle-Phillips Co. v. Fitzgerald (1914), 83 Misc. (N. Y.) 636; 146 N. Y. Supp. 562; aff’d 157 N. Y. Supp. 1150. Action to foreclose mechanic’s hen upon a theatre building and office building. The question was whether certain lighting fixtures were part of the realty. Judge Cohalan held that the lighting fixtures in the office building were not of a permanent character. But that in the theatre