Peck-Hammond Co. v. Walnut Ridge School District
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Charles Coffin, Judge; The heating plant became a part of the realty.
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Appeal from Lawrence Circuit Court, Eastern District; Charles Coffin, Judge; The heating plant became a part of the realty. Tiedeman on Real Prop., § § 3 and 4; 42 Miss. 71; 26 Grat. 752. As to whether personalty does, in any particular case, become realty, depends upon the understanding of the parties. 40 Mich. 693; 86 Mich. 106; 48 N. W. 692; 28 Vt. 428; 11 Fed. 1; 63 Ga. 499; 24 N. J. L. 287; 47 Kan. 442; 28 Pac. 168. But where title to personalty is retained, it does not become a fixture. 33 N. H. 66. Where the owner of personalty attached to realty mortgages it as personalty, it will be…
1Opinion of the CourtHart, J.
In November, 1906, the board of directors of Walnut Ridge Special School District entered into a contract with one J. D. Park for the construction of a school house in the town of Walnut Ridge. The plans and specifications, which were a part of the contract, provided for the installment of a heating plant. Park made a contract with the Peck-Hammond Company, of Cincinnati, O., to furnish the material and install the heating apparatus. The contract provided that the 'title to the material furnished should remain in the vendor until paid for. The heating plant, with the necessary warm air…
2Cases cited1 opinion
- Brannon v. VaughanSupreme Court of Arkansas · 1898
3Cited by9 opinions
- Halbert v. Helena-West Helena Industrial Development Corp.Supreme Court of Arkansas · 1956
- First Nat. Bank of Paris v. Lyon-Gray Lumber Co.Court of Appeals of Texas · 1917
- Continental Gin Co. v. ClementSupreme Court of Arkansas · 1928
- Triumph Electric Co. v. PattersonCourt of Appeals for the Eighth Circuit · 1914
- Thomas Cox & Sons Machinery Co. v. Blue Trap Rock Co.Supreme Court of Arkansas · 1923
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