Home Owners' Loan Corp. v. Gotwals

(dissenting)-. At the trial the defendants were allowed, over the objection of the plaintiff, to enter the oral agreement concerning the cupboard in evidence. The Trial Judge found as a matter of law that the cupboard was a fixture, and the jury found that appellant’s attorney did make such an agreement and gave a verdict in favor of the defendants.

A fixture is personal property which has had its character changed to that of real property by affixation to real property in such a manner that it becomes a part thereof. SDC 54.0207; 2 Tiffany Real Property, 3rd Ed., p. 557, § 606. Since the…