Davies v. Iroquois Gas Corp.

Order reversed, with ten dollars costs and disbursements, and motion denied, with costs. Memorandum: The parties to the original lease, anticipating an occasion at the end of its term, or sooner, when the lessee would cease gas recovery operations, granted to the lessee “ and assigns or those acting under him or them ” the specific right “ to remove any machinery or fixture placed on said premises by said [lessee] his heirs, assigns, tenants, undertenants and sub-tenants.” *671Concededly the plaintiffs acquired their rights in the premises with notice of and subject to defendant’s right to remove…