Alabama MacHinery & Supply Co. v. Roquemore
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; William L. Martin, Judge. Detinue by the Alabama Machinery & Supply Company against H. L. Roquemore, as trustee in bankruptcy, for an elevator and fixtures. Judgment for the defendant, and plaintiff appeals. The property sued for is not a real fixture, 'but a trade fixture. 188 Ala. 326, 66 South. 54, L. R. A. 1915A, 654; 129 Ala. 521, 30 South. 15, 87 Am. St. Rep. 75; 121 Ala. 336, 26 South. 34, 77 Am.
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Appeal from Circuit Court, Montgomery County; William L. Martin, Judge. Detinue by the Alabama Machinery & Supply Company against H. L. Roquemore, as trustee in bankruptcy, for an elevator and fixtures. Judgment for the defendant, and plaintiff appeals. The property sued for is not a real fixture, 'but a trade fixture. 188 Ala. 326, 66 South. 54, L. R. A. 1915A, 654; 129 Ala. 521, 30 South. 15, 87 Am. St. Rep. 75; 121 Ala. 336, 26 South. 34, 77 Am. St. Rep. 61; 26 Ala. 496, 62 Am. Dec. 742; 11 R. C. L. 1066, 1069, 1076, 1085. The appellee is not a purchaser or a mortgagee, and her rights as a…
1Opinion of the CourtThomas, J.
The action was in detinue for an electric elevator installed in defendant’s storehouse by a tenant.
On July 6, 1912, the appellee leased to the George B. Wragg Furniture Company, a corporation, the premises in question for a term of five years, commencing October 1, 1912, at the annual rental stipulated. A material part of said lease is the following:
“It is further understood and agreed and a part of the consideration for which above store is leased and we hereby bind ourselves and agree to put in and install at our own expense an electric elevator at store No. 26 So. Court street. Said…
2Cases cited35 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Hackett v. CashSupreme Court of Alabama · 1916
- Jones v. BellSupreme Court of Alabama · 1917
- Andrews v. GreySupreme Court of Alabama · 1917
- Miller v. WhittingtonSupreme Court of Alabama · 1918
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3Cited by6 opinions
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- Cobb v. York Ice MacHinery CorporationSupreme Court of Alabama · 1935
- Federal Land Bank v. DavisSupreme Court of Alabama · 1934
- LaFarge Bldg. Materials, Inc. v. StriblingSupreme Court of Alabama · 2003
- Viking Equipment Co. v. Prudential Ins. Co. of AmericaSupreme Court of Alabama · 1936
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