Jenkins

On the 19th of May, 1920, plaintiff in error entered into an- executory contract for the sale of the timber on a tract of land in Plumas county, Cal. W. E. Seehom, the vendee, assigned the contract to MeCollum-Christy Lumber Company, which constructed a mill upon the property. The installments of the purchase price were not paid as called for by the contract, and plaintiff in error undertook to forfeit the rights of the vendee thereunder. Thereafter plaintiff in error sold the mill and machinery appurtenant thereto to B. C. Soule. MeCollum-Christy Lumber Company was adjudged. a bankrupt, and its trustee brought this aetion, claiming that the mill and machinery were a part of the bankrupt estate, and that their sale by plaintiff in error was a conversion.

Error is assigned on the overruling of plaintiff in error’s objection to the following question asked the witness W. E. Seehom: “In any conversation he [Jenkins] ever had with you, at any time, did he claim the mill —I mean prior to this judgment?” It was *845 the contention of plaintiff in error that the mill became a fixture when it was constructed, and that ownership of the mill vested in him as owner of the fee. The intention…