Colin Operated an Apartment Building in Which He Had Installed

Essay

Colin operated an apartment building in which he had installed dishwashers in the kitchen cabinets. The dishwashers were attached by a flexible plastic hose to the copper plumbing system of the apartment and were plugged into the wall electrical wiring by means of a normal socket. As an express term of Colin's mortgage, all appliances in the apartments were considered to be fixtures. Colin soon ran into financial difficulties in his operation and found himself pressed by his creditors. The holder of the mortgage foreclosed on the building, and the local hydro utility obtained a judgment against Colin. The hydro company seized upon the appliances of the building, including among them, the dishwashers. The mortgage holder brought an action to recover the property and appliances, including the dishwashers. Discuss the issues raised with respect to fixtures, treating the situation of the dishwashers as well as other appliances. Discuss the issues that both creditors may raise in their argument and explain why the mortgage holder should not simply limit his argument to the provisions of the mortgage. Render a decision.