Stockwell v. Marks
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Redington J. presiding. Trover for a furnace used for warming a tavern house in Calais, called the Boundary House. The plaintiff entered into the occupation of the house under one Thompson, but before the expiration of the lease, and during the occupation of the house by the plaintiff, the defendant had become the owner subject to the lease.
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Exceptions from the Court of Common Pleas, Redington J. presiding. Trover for a furnace used for warming a tavern house in Calais, called the Boundary House. The plaintiff entered into the occupation of the house under one Thompson, but before the expiration of the lease, and during the occupation of the house by the plaintiff, the defendant had become the owner subject to the lease. The lease under which the plaintiff entered, was dated May 5, 1836. By that lease, he was to occupy one year from- July 1, 1836, at the rate of $>525 for that year. He also by the lease had liberty to occupy for'…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
The subject matter of this suit was a fixture, the construction of which having occasioned a material alteration of the house, in many parts of its interior arrangement, it wpuld be going far to hold it removable, even between landlord and tenant. Such removal is not allowed, where it may cause any material injury to the estate. 2 Kent, 342. Thus a conservatory, erected by tenant for years, on a brick foundation, attached to a dwelling-house, and communicating with it by windows, opening into the conservatory, and a' flue passing into ¡he…
2Cited by4 opinions
- Nine Hundred Main, Inc. v. City of HoustonCourt of Appeals of Texas · 1941
- Hirzel v. SilkerSupreme Court of Delaware · 1930
- Walsh v. SichlerMissouri Court of Appeals · 1886
- Henderson v. RobbinsSupreme Judicial Court of Maine · 1927