Buffalo Zinc & Copper Co. v. Hale
Supreme Court of Arkansas
Appeal from Marion Chancery Court; Ben F. Mc-Mahan, Chancellor; 1. The buildings erected were store or business buildings and their erection enhanced the value of the lots.
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Appeal from Marion Chancery Court; Ben F. Mc-Mahan, Chancellor; 1. The buildings erected were store or business buildings and their erection enhanced the value of the lots. They were permanent structures attached to the freehold making them part of the realty fixtures, and appellee had no right to remove them. 56 Ark. 55; 19 S. ~W. 108; 27 Ark. 332; 63 Id. 625; 188 Id, 129; 11 R. C. L., § 24, p. 1081; 19 L. R. A. 443. 2.' They were in no sense “trade fixtures.” 95 Ark. 268; 16 Id. 511. The liberal rule between landlord and tenant should not be applied. The right to remove depends solely upon…
1Opinion of the CourtSmith, J.
The parties to this litigation entered into four separate contracts in writing. We set out the material portion of one of these. The others are identical, except different lots are described and different rentals are provided for.
“This lease, made and entered into on this 1st day of December, 1915, by and between the Buffalo Zinc & Copper Company, a corporation organized under the laws of the State of Illinois, hereinafter called lessor, and W. C. Hale, Rush, Arkansas, hereinafter called lessee, witnesseth: That lessor in consideration of the rents to be paid and the covenants and agreements…
2Cases cited8 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Gulf Compress Co. v. HarringtonSupreme Court of Arkansas · 1909
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Clark v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Prince v. AlfordSupreme Court of Arkansas · 1927
- Reader v. ChristianCourt of Appeals of Texas · 1921
- Hankins v. LuebkerSupreme Court of Arkansas · 1955
- Vanhoozer v. GattisSupreme Court of Arkansas · 1919
- Reader v. ChristianCourt of Appeals of Texas · 1921
1 more not listed; retrieve them via the Exa API.