Strain v. Green
Supreme Court of Washington
172 P.2d 216 (1946)
The Greens (defendants) sold their house to the Strains (plaintiffs) and afterward removed a hot-water tank, Venetian blinds, three mirrors, and several light fixtures; two mirrors had been nailed to the wall on thick plywood backing that, when removed, tore off plaster and exposed different paint underneath, while a third mirror simply hung from a hook in the bathroom. The Greens testified they never intended these items to become part of the realty and had removed identical items from a prior home they'd sold. The trial court found the tank and blinds were fixtures belonging to the Strains but that the light fixtures and mirrors were removable personal property, and the Strains appealed that latter ruling.
Whether the presumption that an owner of realty intends to enrich the realty by annexing furniture or machinery thereto is overcome by the owner's secret intention that the annexation be a removable chattel.