Josslyn v. McCabe
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. Replevin. . Plaintiffs, dry goods merchants in the city of Oshkosh, took a lease of defendant’s store for their business, the lease being in writing, in the usual form, with no provision in regard to fixtures. There was conflicting evidence as to an oral agreement between the parties, before and at the time of the making of the lease, that plaintiffs might put up shelving and remove it by the end of the term.
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APPEAL from the County Court of Winnebago County. Replevin. . Plaintiffs, dry goods merchants in the city of Oshkosh, took a lease of defendant’s store for their business, the lease being in writing, in the usual form, with no provision in regard to fixtures. There was conflicting evidence as to an oral agreement between the parties, before and at the time of the making of the lease, that plaintiffs might put up shelving and remove it by the end of the term. During the term, plaintiffs put into the store shelving, etc., nailed to the floor and to the walls in such a way that it could be…
1Opinion of the CourtRyan, C. J.
There is no doubt that the appellants might have removed the fixtures while they remained in possession of the store; neither is there any doubt that, if they surrendered possession without removing the fixtures, and without reserving their right to remove them by agreement with the respondent, they abandoned all right in them. The title to the fixtures would then accrue to the respondent as part of his realty. Keogh v. Daniell, 12 Wis., 164. A very comprehensive aird interesting discussion of these questions will be found in Torrey v. Burnett, 9 Vroom, 457, cited by the learned counsel of…
2Cited by8 opinions
- Second National Bank of Beloit, Wis. v. O. E. Merrill Co.Wisconsin Supreme Court · 1887
- Fitzgerald v. AndersonWisconsin Supreme Court · 1892
- Hart v. HartWisconsin Supreme Court · 1903
- Hanson v. RyanWisconsin Supreme Court · 1925
- Fellows v. JohnsonAppellate Court of Illinois · 1913
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