United Bonding Insurance v. Minichiello

MANN, Associate Judge.

Is wall-to-wall carpeting real or personal property? It all depends. A careful analysis of the cases will reveal that the question is not what carpet is like, but what the parties intended, considering the demands of justice in the light of the interests to be balanced. Rectangular plates of steel not fastened in any way to the mill in which they formed the floor were held to be a fixture in Pyle v. Pennock, Pa.1841, 2 Watts & S. 390. Asked whether a plate of steel is personalty, the typical lawyer might quickly respond that it is, but the answer is that it depends on…