Donnelly v. Frick & Lindsay Co.
Supreme Court of Pennsylvania
Appeal, No. 111, Oct. T., 1903, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1902, No, 617, on verdict for plaintiff in case of Charles Donnelly v. Frick & Lindsay Company. Trespass for alleged wrongful removal of trade fixtures after expiration of term. Before Evans, J. At the trial it appeared that the defendant was a tenant of the plaintiff in a building at the corner of Wood street and Chestnut avenue in the city of Pittsburg.
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Appeal, No. 111, Oct. T., 1903, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1902, No, 617, on verdict for plaintiff in case of Charles Donnelly v. Frick & Lindsay Company. Trespass for alleged wrongful removal of trade fixtures after expiration of term. Before Evans, J. At the trial it appeared that the defendant was a tenant of the plaintiff in a building at the corner of Wood street and Chestnut avenue in the city of Pittsburg. The tenancy expired on April 1, 1902. During the term defendants had erected in the premises a stationary gas engine and two dynamos with the…
1Opinion of the Court
Opinion by
Mb. Justice Brown,
The articles removed from the demised premises by the appellant were trade fixtures. The well settled rule, that the ten-, ant must remove them during the term, and that the right to do so ceases with its expiration, was correctly stated by the learned trial judge in his instructions to the jury. The lease to the appellant expired April 1, 1902, and the proper notice to quit had been served by the landlord. The fixtures were not removed until about the middle of April, and, if there were nothing more in the ease, the plaintiff ought to recover.
The presumption of…
2Cases cited2 opinions
- Hill v. SewaldSupreme Court of Pennsylvania · 1867
- Watts v. LehmanSupreme Court of Pennsylvania · 1884
3Cited by8 opinions
- Berry v. Heinel Motors, Inc.Superior Court of Pennsylvania · 1947
- Radey v. McCurdySupreme Court of Pennsylvania · 1904
- McKim v. BurkeSuperior Court of Pennsylvania · 1914
- Finley v. WestSupreme Court of Oklahoma · 1970
- Miller v. JohnsonUtah Supreme Court · 1913
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