Alderman v. Baggett

BARNARD, P. J.

In April, 1925, Clara Jane Baggett entered into a written contract to purchase from the plaintiff certain lots in the town of Thermal with a hotel and rooming-house located thereon. She took possession immediately and proceeded to operate the hotel and rooming-house. In November, 1925, her husband, William C. Baggett, moved a cottage or “tent house” belonging to him and theretofore located on lots owned by him to the premises being purchased under contract by his wife. This cottage was thirty-six feet long, ten feet wide and divided by plaster-board partitions into four rooms. Its exterior walls were of screen wire except for about three feet of weatherboard siding at the bottom, and the roof was shingled. About September, 1928, the plaintiff, upon receiving notice from Mrs. Baggett that she would not complete the contract, took possession of the property covered thereby. Shortly thereafter and while the plaintiff was absent from the property, William C. Baggett removed the cottage or tent house referred to. The plaintiff brought this action in claim and delivery seeking to recover possession of the cottage or its value. The court found in all respects in favor of the defendants and from the ensuing judgment plaintiff has appealed.

[503]

The findings are not attacked and the only contentions made by the appellant are that it conclusively appears from the evidence that the cottage in question was so affixed to the land as to become a part of the realty and that no agreement for its removal existed.

It is well settled that the question of whether a building has been affixed to and has become a part of real property is one of fact and is dependent upon the peculiar circumstances of each case

(Bond Investment Co.

v.

Blakeley,

83 Cal. App. 696 [257 Pac. 189] ;

Fisher

v.

Pennington,

116 Cal. App. 248 [2 Pac. (2d) 518];

Miller