Auto Acceptance & Loan Corp. v. Kelm

The most-important single fact in this case is that when the defendants leased the premises to the tenant as a “tavern” it contained a “bar.” From this it is easy to conclude that there was an intention on the part of the tenant and landlord to make the new bar part of the realty and to leave it as part of the premises. When the tenant, who had been utilizing the premises for a period of four years, substituted a new fixture and discarded the old fixture, which he did not initially own, it is reasonable to conclude that he intended that the new fixture was to be substituted for the old…