Erickson

In an action for damages by the owner of real property against the vendor of a building for its removal therefrom prior to foreclosure of a deed of trust of such owner and his purchase at a sale thereunder, judgment was rendered in favor of the plaintiff, and the defendant appealed.

The arguments are devoted mainly to a controversy as to whether or not said building was a fixture. It appeared that the appellant had sold the same to one Miller, the original owner and trustor under the respondent’s deed of trust, and had placed it upon a foundation built on the premises for said building. It is earnestly insisted that there was evidence tending to show that the building was not actually set upon its foundation, but the appellant concedes that “on the other hand there was evidence on the part of the plaintiff that the house was let down on the foundation”. The finding below was that “a foundation was constructed under said house and that a framework was built on said foundation under said house; and that thereafter said house was lowered upon said framework and rested firmly upon said foundation and became affixed and attached thereto”. The mere erection of a building upon realty…