O'Donal v. Aurentz
Missouri Court of Appeals
Appeal from the Circuit Court of Green County. — Hon. Orin Patterson, Judge. Even if Aurentz had been the owner of these improvements, his failure to reserve the right of removal in the lease; would estop him from now questioning plaintiff’s right to them. St. Louis v. Nelson, 108 Mo. App. 210, 218; Exchange R. E. Oo. v. Schuchman Realty Co., 103 Mo. App. 24, 30; Williams v. Lane, 62 Mo. App. 66; Lacey v. Griboney, 36 Mo. 320; 18 A. & E. Encyc.
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Appeal from the Circuit Court of Green County. — Hon. Orin Patterson, Judge. Even if Aurentz had been the owner of these improvements, his failure to reserve the right of removal in the lease; would estop him from now questioning plaintiff’s right to them. St. Louis v. Nelson, 108 Mo. App. 210, 218; Exchange R. E. Oo. v. Schuchman Realty Co., 103 Mo. App. 24, 30; Williams v. Lane, 62 Mo. App. 66; Lacey v. Griboney, 36 Mo. 320; 18 A. & E. Encyc. L. (2 Ed.) 359. Luring all of said time these “gas fixtures” were screwed to the .ends of the gas pipes projecting from the walls and ceilings, and…
1Opinion of the CourtBradley, J.
This cause originated in a justice of the peace court to recover for two months rent on a store building in the City of Springfield, and for some light fixtures alleged to have 'been wrongfully removed by the defendant. The cause went to the Circuit Court by Appeal, and was there tried before the court without a jury, and the court found for plaintiff on, both counts of the petition. Defendant in due time filed his motion for new trial, and was sustained, and plaintiff appealed.
The controversy hinges about the alleged right of plaintiff to recover for the -light fixtures. The trial court…
2Cases cited5 opinions
- Rogers v. CrowSupreme Court of Missouri · 1867
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- Towne v. FiskeMassachusetts Supreme Judicial Court · 1879
- New York Life Ins. v. AllisonCourt of Appeals for the Second Circuit · 1901
- Frank Adam Electric Co. v. GottliebMissouri Court of Appeals · 1905
3Cited by1 opinion
- Centre Associates, Inc. v. Marla Jean, Inc. (In Re Marla Jean, Inc.)United States Bankruptcy Court, W.D. Missouri · 1982