Strain v. Green

Facts

Jacob Green and his wife (collectively known as “Defendants”) sold their residence to William Strain and his wife (collectively known as “Plaintiffs”). After the sale, the Defendants removed many items from the residence, such as a hot-water tank, Venetian blinds, three mirrors, and light fixtures. Two of the mirror, which were attached to the wall, were attached with thick pieces of plywood backing that been nailed to the wall several times. Thus, when Defendants removed the two mirrors and plywood, as a result, portions of the wall’s plaster were also removed with it. Further, the removal of the wall’s plaster exposed a different paint color. The third mirror, located in the bathroom, was not nailed to the wall. Instead, the third mirror was hung with a hook. Thereafter, Plaintiffs requested that Defendant return the removed items, but Defendants refused to return the items. Plaintiffs brought suit against Defendants on the grounds that the items that were removed were non-removable fixtures. At trial, Plaintiffs testified that they never meant for the items to be part of the realty. Rather, Plaintiffs contended that they removed the items from their prior house when they sold that house as well. The trial court held that the hot-water tank and Venetian blinds were fixtures, mandating Defendants to return them to Plaintiffs. Likewise, the trial court held that the light fixtures and mirrors were personal property, which Defendants were entitled to have. Plaintiffs appealed.