arded as an open one, unless it
appears to have been the intention of the parties on a fair and
reasonable construction of its terms, to value the loss and so fix by
contract the amount that may be recovered.

=Fixtures.=--A fixture is something annexed to land either temporarily
or permanently. Different rules apply to persons in different
relations. The law favors removal by a tenant presuming that he does
not put in things for the landlord's benefit, unless there is an
agreement to that effect between them. On the other hand a different
rule applies between the seller and purchaser of real estate. As
between them the law presumes that the seller intended to keep the
things affixed to the house, especially ranges and the like. On the
other hand a somewhat different rule applies between mortgagor and
mortgagee. The former is favored, but not so much as the tenant.
Suppose the mortgagor was a nurseryman, and the land was taken for the
debt by the mortgagee, would it include the trees and shrubs that had
been planted for sale? The courts have given an affirmative answer.

The facts that are of special value in finding out whether a thing is
a fixture or not are: (1) the actual annexation of the article to the
realty; (2) the immediate object or purpose of the annexation; (3) the
adaptability for permanent or mere temporary use; (4) and whether the
article can be removed without material injury to the property to
which it is annexed. See _Lease_.

=Garage Keeper.=--The garage has been said to be the modern substitute
for the ancient livery stable. A garage man who receives the
automobile of another to keep or repair--a service for which the owner
is to pay a compensation--is a bailee for hire. While this relation of
bailor and bailee exists, the owner is not ordinarily responsible for
the negligence of the garageman or his servants in the care or
operation of the automobile.

A public garage is not a nuisance. Even the storage of gasoline in
suitable tanks set down in the earth is not a nuisance. Yet the
business may become a nuisance when conducted in some localities, or
in an improper manner. The operation of a public garage may therefore
be enjoined in a purely residential section within a short distance of
large churches, a parochial school and houses. Likewise the odors, the
noise, and the fire hazard, which are occasioned by the construction
and management of a garage, create a situation which justifies publ