Legal Opinion
In re Bahl's Ice Cream & Baking Co.
District Court, E.D. Pennsylvania
Decided April 19, 1912No. 4,247PublishedCited by 4 opinions
In the matter of Bahl’s Ice Cream & Baking Company, bankrupt. On report of special referee.
1Opinion of the Court
J. B. McPHERSON, District Judge.
No question of trade fixtures is involved in this dispute. By the covenants in the lease, the lessor and the lessee themselves determined who was to own the property now in controversy. Of special importance is the covenant that:
“All improvements or additions made by the lessee shall not be detached from the property, but shall remain Cor the benefit of the lessor.”
The machinery to which the receiver’s claim was finally restricted, namely, twin mixers, four freezers, washer and sterilizer, eleven motors, shafting and belting, brine pump, and german silver…
2Cases cited2 opinions
- Isman v. HanscomSupreme Court of Pennsylvania · 1907
- Montello Brick Co. v. TrexlerCourt of Appeals for the Third Circuit · 1909
3Cited by4 opinions
- Realty Dock & Improvement Corp. v. AndersonCalifornia Supreme Court · 1917
- Union Bldg. Co. of Pennsylvania v. PennellCourt of Appeals for the Third Circuit · 1935
- Wilmerton v. MortonCalifornia Court of Appeal · 1946
- Parkway Auto Service, Inc. v. Wright, Pennsylvania Court of Common Pleas, Philadelphia County1943