Legal Opinion

Tyler v. White

Missouri Court of Appeals

Decided February 1, 1897PublishedCited by 7 opinions

Appeal from the Vernon Circuit Court. — Hon. D. P. Steatton, Judge. This was'neither a range heater or furnace, but was a Florida boiler; but whatever it was, it was a system of heating, ramifying the entire house; it was therefore a fixture. Goodin v. 'Ellardsville Hall, 5 Mo. App. 289; O’Brien v. Hansen, 9 Mo. App. 545; Donnewald v. Beal Estate Co., 44 Mo. App. 350; Bosnian v. Conlon, 57 Mo. App. 25; Davis v. Mugan, 56 Mo. App. 311; Bchulter v. Ins. Co., 1 Mo. .App. 285.

1Opinion of the CourtGill, J.

This suit was brought for the recovery of a steam, heating apparatus used in a dwelling and consisting of a boiler in the basement, iron pipes running through the two upper stories and the radiators thereto attached in the various rooms. Plaintiff had judgment below for the boiler or heater and for the radiators, but failed in her action as to the steam pipes used in connection therewith. Defendant appealed.

FlingufppaVÍtusV gag^e*." mort‘ On the material and undisputed facts, we hold that the plaintiff was not entitled to recover, and that the court erroneously refused to so instruct the…

2Cases cited9 opinions

  1. Rogers v. CrowSupreme Court of Missouri · 1867
  2. State Savings Bank v. KerchevalSupreme Court of Missouri · 1877
  3. Cohen v. KylerSupreme Court of Missouri · 1858
  4. Goodin v. Elleardsville Hall Ass'nMissouri Court of Appeals · 1878
  5. Donnewald v. Turner Real-Estate Co.Missouri Court of Appeals · 1891

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3Cited by7 opinions

  1. Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
  2. Kent Storage Co. v. Grand Rapids Lumber Co.Michigan Supreme Court · 1927
  3. Endler v. State Bank Trust Co. of WellstonSupreme Court of Missouri · 1944
  4. Glueck & Co. v. PowellMissouri Court of Appeals · 1933
  5. Sims v. WilliamsMissouri Court of Appeals · 1969

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