In re the Receivership of Delaware Candy Co.

Citations

• 10 Del. Ch. 142
• 85 A. 1069
• 1913 Del. Ch. LEXIS 11

Syllabus

<p>A lessee as against his lessor is entitled to remove trade fixtures erected by the lessee, in the absence of a stipulation in the lease to the contrary, though there then be rent in arrear, subject to the landlord’s right to dis-train the same for the unpaid rent.</p> <p>A provision in a lease that the tenant might remove fixtures provided he could do so without damage to the building, and provided that there was no rent in arrear, displaced the tenant’s common-law right of removal, and, the fixtures having been removed by the tenant’s receiver in insolvency and sold, the landlord, having made proper excuse for loches in his application, was entitled to a lien on the proceeds of the sale of the fixtures for the rent in arrear.</p>