Green v. Harper

OPINION

LEWIS, Judge.

This suit arose when defendants-lessees, at the termination of a lease, removed certain additions and improvements from the leased premises.

In 1967 plaintiff entered into a lease with J.C. Rhoton and Davis Duff to lease unimproved land owned by plaintiff on which a drive-in theater was to be constructed by Rhoton and Duff. In 1970, after construction of the drive-in theater, Rhoton and Duff, with the acquiescence of the plaintiff, assigned the lease to defendants.

The lease in pertinent part provides as follows:

Paragraph IV: Immediately upon its taking possession of the…