Renaund v. Agresti

NYGAARD, J.,

The matter now before the court is a counterclaim, remaining after plaintiff was nonsuited in his original action, and concerns ownership of an air conditioning unit installed by defendants on property owned by plaintiff. The latter has moved to nonsuit defendants on this claim. The outcome depends on whether the facts show that the air conditioner is a fixture which became a permanent part of the real estate.

The background of the dispute as follows: defendants had leased a building, formerly used as a warehouse, from plaintiff. As part of their efforts to make the structure…