S, owner of a farm upon which the defendant held a first mortgage, purchased from the plaintiff, a lumber dealer, building material for the definite purpose of constructing a substantial barn upon the farm. Plaintiff was induced to make the sale in reliance upon fraudulent representations made by S. After the barn was built the plaintiff discovered the fraud. He then brought suit to establish his right to remove the barn, contending that the fraud constituted an implied agreement that the building was to be personal property. Held that, under the circumstances, as a matter of law the barn became part of the realty and subject to the mortgage. Botsford Lumber Co. v. State, (Minn. 1933) 246 N. W. 902.