Sawyer v. Foremost Dairy Products Inc.

(After stating the foregoing facts.) In view of what we shall hereafter say, the rulings on the evidence were not of sufficient importance, even if the court erred, to warrant a reversal. However, under the ruling of this court in Smith v. Odom, 63 Ga. 499, we find no error in the rulings of the court as to the evidence. It seems to be well settled that whether fixtures have become attached to the realty as a part thereof, and not merely for incidental, transitory use, depends upon the intention of the parties vested with the ownership or use thereof. It is a familiar rule that the effect of…