Collamore v. Gillis
Massachusetts Supreme Judicial Court
Tort for the removal of an oven from a bakery belonging to the plaintiff. Trial in the Superior Court, without a jury, before Lathrop), J., who found for the defendant, and reported the case for the determination of this court, as follows.
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Tort for the removal of an oven from a bakery belonging to the plaintiff. Trial in the Superior Court, without a jury, before Lathrop), J., who found for the defendant, and reported the case for the determination of this court, as follows. The plaintiff made a lease of the bakery to one Webster for the term of nine years from July 1, 1881, the lease providing that “ all future erections and additions to or upon ” the demised premises should be delivered up to the lessor at the termination of the lease. The defendant was the assignee from Webster of the lease, and occupied the premises from…
1Opinion of the CourtC. Allen, J.
In determining whether an addition made by a tenant to a leased building is removable or not by him during his term, the chief element to be considered is the mode of its annexation, and whether it can be removed without substantial injury to the building or to itself. The intention with which it was put there, though often an element to be considered, is of secondary importance. Wall v. Hinds, 4 Gray, 256, 270. Whiting v. Brastow, 4 Pick. 810. Hanrahan v. O’Reilly, 102 Mass. 201, 203. Weston v. Weston, 102 Mass. 514, 519. Amos & Ferard on Fixtures, (3d ed.) 7, 65. It is true that machines or…
2Cases cited7 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Ford v. . CobbNew York Court of Appeals · 1859
- Kutter v. SmithSupreme Court of the United States · 1865
- Ombony v. . JonesNew York Court of Appeals · 1859
- Weston v. WestonMassachusetts Supreme Judicial Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Matter of City of New YorkNew York Court of Appeals · 1908
- Northwestern Lumber & Wrecking Co. v. ParkerSupreme Court of Minnesota · 1914
- Wiggin Terminals, Inc. v. United StatesCourt of Appeals for the First Circuit · 1929
- John P. Squire & Co. v. City of PortlandSupreme Judicial Court of Maine · 1909
- Wright v. MichelmanMassachusetts Supreme Judicial Court · 1923
4 more not listed; retrieve them via the Exa API.