Appellant brought a trover action against appellees alleging that appellees converted a CB radio belonging to appellant when they repossessed appellant’s automobile. The trial court granted appellees motion for summary judgment. We reverse.
The basic question which must be resolved in this case is whether a CB radio which was "connected [to],” "added to,” and "placed in” an automobile is an "accession” as a matter of law. See UCC § 9-204(2) (Code Ann. § 109A-9 — 204(2)); UCC § 9-314 (Code Ann. § 109A-9 — 314).
The parties have placed great reliance on the case of Passieu v. B. F. Goodrich Co., 58 Ga. App. 691, 692 (199 SE 775) (1938), which contains the following language: "The only premise, therefore, upon which the plaintiff in error can base his claim is that the tires and tubes form such an integral part of the truck, and are of such a nature and are so attached to it, that the truck and the tires and tubes are one and the same thing under the accession rule.
"So far as we know, this is the first time this question has been presented to an appellate court of this State for determination. It has been decided in a majority of States where the question has been passed on that in the circumstances set forth the title to the tires is in the seller of the tires; some of these decisions considering the case from the accession provision in the contract retaining title to the truck, and some from the'unity’or integral part point of view. While it may not be entirely logical to say that the tires and tubes become an integral part of the truck as between the owner and the holder of the contract retaining title to the truck and that they do not become an integral part of it as to the seller of the replacement tires and tubes, we think that equity, good conscience, and other considerations of public policy will supply whatever logical deficiencies appear.”
We reject the proposition that a determination of whether one chattel is an accession to another is, for purposes of Article 9 of the Uniform Commercial Code, dependent upon the relationship between the parties to an action. Whether a chattel is an "accession” depends upon the relationship that such chattel bears to another. The rules of priority which govern the relationship between the parties and the property are set forth in Article 9 of the Code. To the extent that Passieu v.B.F. Goodrich Co., supra, stands for a contrary proposition, it will not be followed.
*33Argued November 20, 1979 Decided March 18, 1980 Rachael G. Henderson, Raiford Stanley, Jr., for appellant. John T. McGoldrick, Jr., for appellees.Appellees contend that since the CB radio was "connected [to],” "added to,” and "placed in” the automobile, the CB radio is an accession as a matter of law. We disagree. Although UCC § 9-314 (1) (Code Ann. § 109A-9 — 314 (1)) defines accessions as "goods which. are installed in or affixed to other goods ...” (See Glenn v. Trust Co. of Columbus, 152 Ga. App. 314 (262 SE2d 590) (1979)), the Code does not indicate the degree to which one chattel must be affixed to another in order to constitute an accession. Under Passieu v.B.F. Goodrich Co., supra, the lesser chattel must "form such an integral part” of the greater chattel and must be "so attached to it” as to constitute "one and the same thing.” Id at 692, While this language need not be taken literally, it does provide a guide for determining the degree to which one chattel must be attached to another in order to constitute an accession.
"On a motion for summary judgment by the defendant, the complaint is to be construed liberally in favor of the complainant. The burden is upon the movant to show no genuine issue as to any material fact, and the opposing party is given the benefit of all favorable inferences that may be drawn from the evidence . . .” Candler General Hospital v. Purvis, 123 Ga App. 334, 335(181 SE2d 77) (1971).
On the basis of the evidence of record, we cannot say, as a matter of law, that the CB radio was so affixed to the automobile as to constitute an accession.
Judgment reversed.
Deen, C. J., Quillian, P. J., Banke, Birdsong and Sognier, JJ., concur. McMurray,P. J.,Shulman and Carley, JJ., concur specially.