Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Opinions / Courts / Court of Appeals, Western District / Real Property: Leasehold – Conversion – Fixtures

Real Property: Leasehold – Conversion – Fixtures

Where a plaintiff brought claims of conversion and replevin in connection with personal property held by a building owner from whom the plaintiff’s employer had leased office space, and the building owner argued that the items were fixtures and also claimed abandonment as affirmative defenses, a door and transom met the elements of a fixture, so the trial court properly granted summary judgment as to these items, but the judgment on the remaining items is reversed and remanded because the plaintiff met his burden of proving conversion and replevin and the owner did not meet his burden on the affirmative defenses.

Judgment is affirmed in part; reversed and remanded in part.

Herron v. Barnard (MLW No. 64590/Case No. WD74910 – 21 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Gillis, J. (Donald P. Herron, Shawnee Mission, Kansas, for appellant) (David A. Jerman, Kansas City, Missouri, for respondent).

Read the full text of this opinion. (PDF)