339-41 Market Street Corp. v. Darling Stores Corp.

Opinion by

Mr. Justice Jones,

The question in this case is whether the defendant was entitled to remove from demised premises an air conditioning unit which, as tenant, it had installed therein or whether the unit became the property of the landlord by virtue of a provision in the lease of the premises. The court below ruled the question in favor of the landlord, as a matter of law, on the basis of the material facts which are undisputed.

In February of 1939, the defendant leased from the plaintiff’s predecessor in title a first floor storeroom and the underneath basement of a building in the…