Everitt v. Higgins

838 P.2d 311 (1992)

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Everitt v. Higgins

Idaho Court of Appeals
838 P.2d 311 (1992)

SC

Facts

Paul and Shelley Higgins (defendants) owned a home that contained a decorative antique wood stove. The stove was not operational and was not attached to a chimney or otherwise attached to the house. The stove could be removed if lifted. A prior owner had blocked the chimney flue behind the stove with concrete. The house had an independent gas heating system. The Higginses sold the house to Everitt (plaintiff). When they moved out, the Higginses took the wood stove with them. Everitt demanded that they return it, but the Higginses refused. Everitt brought suit, arguing that the stove was a fixture that passed to him with the sale. The magistrate ruled in favor of the Higginses, and the district court affirmed. Everitt appealed.

Rule of Law

Issue

Holding and Reasoning (Walters, C.J.)

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