Kuhlmann v. Meier
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. “The stable having been •erected upon posts set in the ground, and firmly spiked with iron spikes, by the tenant, was a fixture.” — Beckwith v. Boyce, 9 Mo. 556. If the improvements are fixtures, they must be removed before the expiration of the lease, whether by lapse of time, surrender or forfeiture, or otherwise, or they revert to tlie landlord. — Taylor’s L. & T., sect. 533 ; 1 Washb. on Real Prop. 6 ; Phillipson v.’ Mullanphy, 1 Mo.…
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Appeal from St. Louis Circuit Court. “The stable having been •erected upon posts set in the ground, and firmly spiked with iron spikes, by the tenant, was a fixture.” — Beckwith v. Boyce, 9 Mo. 556. If the improvements are fixtures, they must be removed before the expiration of the lease, whether by lapse of time, surrender or forfeiture, or otherwise, or they revert to tlie landlord. — Taylor’s L. & T., sect. 533 ; 1 Washb. on Real Prop. 6 ; Phillipson v.’ Mullanphy, 1 Mo. 620 ; Powell v. McAshan, 2,8 Mo. 70. The tenant having built under a stipulation allowing him to remove the •erection,…
1Opinion of the CourtLewis, P. J.
On March 6, 1876, the defendant leased to Hermann Lampe, for a term of five years, a lot containing about thirty acres, at an annual rent of $600, payable quarterly. It was stipulated in the lease that a failure to pay the rent when due should, if the lessor so determined, produce au *262absolute forfeiture and expiration of the term, and that the lessee-should have the right to remove, at the expiration of the lease, all the improvements by him made or erected on the place, and “to use said place for the purpose of a milk dairy, as well as for any other purpose of good husbandry.” In February,…
2Cases cited5 opinions
- Hines v. AmentSupreme Court of Missouri · 1869
- Dryden v. KelloggMissouri Court of Appeals · 1876
- Osgood v. HowardSupreme Judicial Court of Maine · 1830
- Bircher v. ParkerSupreme Court of Missouri · 1869
- Powell v. McAshanSupreme Court of Missouri · 1859
3Cited by4 opinions
- Gartland v. HickmanWest Virginia Supreme Court · 1904
- Red Diamond Clothing Co. v. SteidemannMissouri Court of Appeals · 1912
- Cone v. Western Trust & Savings BankCalifornia Court of Appeal · 1937
- Chandler v. OldhamMissouri Court of Appeals · 1893