Peninsular Stove Co. v. Young

• Decision Date: 08 July 1929
• Docket Number: No. 117.,117.
• Citation: 226 N.W. 225,247 Mich. 580
• Parties: PENINSULAR STOVE CO. v. YOUNG et al.
• Court: Michigan Supreme Court

247 Mich. 580

226 N.W. 225

PENINSULAR STOVE CO.

v.YOUNG et al.

No. 117.

Supreme Court of Michigan.

July 8, 1929.

Appeal from Circuit Court, Wayne County, in Chancery; Ira W. Jayne, Judge.

Suit by the Thomas Forman Company against Sum H. Young and others, in which the Peninsular Stove Company filed cross-bill. From a decree dismissing the cross-bill, cross-plaintiff appeals. Reversed and rendered.

Argued before NORTH, C. J., and FEAD, FELLOWS, WIEST, CLARK, McDONALD, POTTER, and SHARPE, JJ. Lucking, Hanlon, Van Auken & Sprague, of Detroit, for appellant.

John P. Neudorfer, of Detroit (Harold A. Jones, of Detroit, of counsel), for appellees Means, Wade, Hoff, Hoffman, and Mortgage Guarantee Co.

SHARPE, J.

Plaintiff here seeks by cross-bill to enforce a lien upon an apartment building erected by defendants Young and Taan for the price of 49 gas ranges which were installed therein. These ranges were delivered on the premises by the plaintiff, and were installed by employees of the defendants by placing them against the walls in the several apartments and connecting them with a gas fixture which had been placed therein. Plaintiff appeals from the decree entered dismissing its cross-bill.

Section 14796, Comp. Laws 1915 (Mechanics' Lien Law), provides that ‘Every person who shall, in pursuance of any contract, * * * furnish any * * * materials in or for building, altering, improving, repairing, erecting, ornamenting or putting in any house, building * * * or structure, * * * shall have a lien therefor.’

The test to be applied is whether these gas ranges were fixtures and became annexed to the real estate when installed. What are fixtures and become part of the realty was considered at length in Morris v. Alexander, 208 Mich. 387, 175 N. W. 264. This court there approved of the three general tests which may be applied as stated in 11 R. C. L. p. 1059. These are, ‘first, annexation to the realty, either actual or constructive; second, adaptation or application to the use or purpose to which that part of the realty to which it is connected is appropriated; and third, intention to make the article a permanent accession to the freehold.’ In applying these tests, consideration must be given to the nature of the structure and the use to which it was to be put when completed. The building was erected for use as an apartment house, a family to occupy each apartment. As is usual in such buildings, the several apartments become homes for the occupants, with the usual conveniences for housekeeping installed therein. Among these are the applicances for heating, lighting,...