Legal Opinion

American Radiator Co. v. Pendleton

Washington Supreme Court

Decided February 2, 1911No. 8993PublishedCited by 1 opinion

Appeal from a judgment of the superior court for Snohomish county, Hardin, J., entered February 19, 1910, upon findings in favor of the plaintiff, in an action to foreclose a mechanics’ lien.

1Opinion of the CourtCrow, J.

Action by American Radiator Company, a corporation, to foreclose a materialman’s lien. From a decree in its favor, the defendants have appealed.

*57The controlling question before us is whether the materials became fixtures and a part of the realty, or whether after installation they were personal property. The evidence shows that the appellants Ira B. Pendleton and Janet Pendleton, his wife, were building a new dwelling house on three lots, in the city of Everett; that the plans and specifications prepared by their architect called for a hot-water heating plant, and a boiler, radiators, and…

2Cases cited9 opinions

  1. Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
  2. Thielman v. CarrIllinois Supreme Court · 1874
  3. Filley v. ChristopherWashington Supreme Court · 1905
  4. Philadelphia Mortgage & Trust Co. v. MillerWashington Supreme Court · 1899
  5. Goodin v. Elleardsville Hall Ass'nMissouri Court of Appeals · 1878

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3Cited by1 opinion

  1. Lyle v. RosenbergAppellate Court of Illinois · 1915

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