Korbe v. Barbour
Massachusetts Supreme Judicial Court
Tort in three counts. The first count alleged a conversion by the defendant of a baker’s oven, the property of the plaintiff.
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Tort in three counts. The first count alleged a conversion by the defendant of a baker’s oven, the property of the plaintiff. The second, that the plaintiff was a tenant at will of the defendant and the owner of a certain trade-fixture, to wit, a bake-house and baker’s oven, attached to the premises of the defendant under an agreement that the plaintiff should be allowed to remove the same, and that during the tenancy, and while the plaintiff was in possession, he attempted to sever and remove said oven, but was prevented from so doing by the defendant. The third, a conversion by the…
1Opinion of the Court
Colo?, J.
The bake-house and oven were erected on the defendant’s land with her consent, while Kent occupied the premises as her tenant. They were built on stone foundations, in a way to make them a part of the realty in the absence of any agreement to the contrary. It is settled that, when one erects a building for a temporary purpose on the land of another with the knowledge and consent of the owner, an agreement for the separate ownership of the building and a right to remove it may be implied from the circumstances and conduct of the parties. It is not necessary in all cases to prove a…
2Cases cited7 opinions
- Prince v. CaseSupreme Court of Connecticut · 1835
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Curtiss v. HoytSupreme Court of Connecticut · 1848
- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
- Madigan v. McCarthyMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
- Handforth v. JacksonMassachusetts Supreme Judicial Court · 1889
- Melton v. . Fullerton-Weaver Realty Co.New York Court of Appeals · 1915
- Brown v. General Trading Co.Massachusetts Supreme Judicial Court · 1941
- Barnes v. HosmerMassachusetts Supreme Judicial Court · 1907
4 more not listed; retrieve them via the Exa API.