Fifield v. Farmers National Bank of Princeton
Appellate Court of Illinois
Appeal from the Circuit Court of Bureau County; the Hon. Dorrance Dibell, Judge, presiding. On the 1st day of July, 1891, Robert Montgomery and others, citizens of the village of Wyanett, Bureau County, Illinois, entered into a written agreement with one Robert Day by which they agreed to convey to said Day four lots in Brown’s addition to said village, and to pay him $6,00(>; and in consideration thereof said Day on his part agreed to erect on said lots a factory building,…
Read the full summary
Appeal from the Circuit Court of Bureau County; the Hon. Dorrance Dibell, Judge, presiding. On the 1st day of July, 1891, Robert Montgomery and others, citizens of the village of Wyanett, Bureau County, Illinois, entered into a written agreement with one Robert Day by which they agreed to convey to said Day four lots in Brown’s addition to said village, and to pay him $6,00(>; and in consideration thereof said Day on his part agreed to erect on said lots a factory building, forty-eight by one-hundred feet, two stories high, and to put in the necessary machinery and equip the same for a shoe…
1Opinion of the CourtJustice Lacey
The sole question for our decision in this case is whether or not the machinery in question placed in and attached to the manufacturing building in the manner shown by the testimony and under all the circumstances became fixtures to the real estate and passed by the trust deed of Day to appellee. The question is one not entirely free from doubt and the authorities, as might be expected, are not altogether in harmony.
In consideration of the case we will first notice the nature of appellants’ contract'with Day in regard to the sale of the machinery. They undertook to retain title in themselves,…
2Cases cited6 opinions
- Chickering v. BastressIllinois Supreme Court · 1889
- First National Bank of Joliet v. AdamIllinois Supreme Court · 1891
- Jennings v. GageIllinois Supreme Court · 1852
- Brundage v. CampIllinois Supreme Court · 1859
- Arnold v. CrowderIllinois Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.