McKay v. Meyer Jonasson & Co.
Superior Court of Pennsylvania
Appeal, No. 122, April T., 1910, by defendant, from decree of C. P. No. 2, Allegheny Co., April T., 1909, No. 935, on bill in equity in case of Anna E. McKay v. Meyer Jonasson & Company, Incorporated. Bill in equity for an injunction. Before Frazer, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was decree awarding an injunction.
1Opinion of the Court
Opinion by
Head, J.,
The learned trial judge sitting as a chancellor reached the conclusion that the elevator, which had been installed by the lessees and which they threatened to remove at the expiration of their term, was not a trade fixture removable at their pleasure, but was a permanent addition to or alteration of the leased building intended to remain there after the expiration of the lease. If this conclusion resulted from the application of the correct legal principle to sufficient facts proven, the decree appealed from must be affirmed without regard to the remaining question involved.
2Cases cited2 opinions
- Seeger v. PettitSupreme Court of Pennsylvania · 1875
- Straight v. MahoneySuperior Court of Pennsylvania · 1901
3Cited by1 opinion
- Tibbens v. BurrellSuperior Court of Pennsylvania · 1911