a. What is a fixture?
b. The manufacturer of the scale testified that the scale was designed to be moveable, why was this not enough for the court to find that the scale was not a fixture?
c. What facts did the court rely on the show the scale had been adapted to become a permanent part of the property?
d. What could Freeman have done to avoid this?
Mary Ann Barrs paid $3.5 million to Francis Freeman for a 4,000 acre ranch, including a covered "pole-barn" which had open sides, a large cattle scale, and an enclosed veterinarian's office. The parties used a form contract, which stated that all fixtures were included with the sale. The document offered space for the parties to specify what fixtures were included, but neither party listed the cattle scale as either in or out of the deal after the agreement went through, Barrs and Freeman got into a beef over who owned the scale. The trial judge grilled numerous witnesses and ultimately weighed in on the side of Barrs, declaring the scale a fixture that belonged to the real estate. Broiling, Freeman appealed. Issue: Was the cattle scale a fixture?