Isman v. Hanscom

Citations

• 217 Pa. 133
• 66 A. 329
• 1907 Pa. LEXIS 670

Syllabus

<p>Landlord and tenant — Lease—Stipulation as to removal of chattels —Alterations—Additions—Improvements—Equity—Injunction.</p> <p>When a landlord and tenant stipulate in their lease as to the ownership of chattels which may be placed on the demised premises by the tenant, the stipulation will be enforced regardless of what might bn the rights of the parties at common law. In such a case the contract is the law made by the parties themselves, and that must determine; their rights. The question of trade fixtures does not enter into the case.</p> <p>Where a lease provides that “all alterations, additions and improvements,” except moveable furniture shall at the option of the lessor at the end of the term become the property of the lessor, and it appears that the premises are leased for restaurant purposes, the lessor may claim in the exercise of his option such additions as shelving, dumb-waiters, brick ovens, electric light apparatus, gallery, vestibules and toilet rooms.</p> <p>Where the parties to such a lease fix no time in which the option should be exercised, reasonable notice of the option is all that is required. Notice given four weeks before the end of the term is sufficient.</p> <p>Where an assignee of a lease is designated in the assignment as “agent,” and subsequently as agent of an undisclosed principal gives three months ’ notice to the tenant to quit, and notifies the tenant that he exercises an option given to the lessor in the lease, the agent may maintain a bill in equity to restrain the tenant from removing chattels in violation of the option.</p> <p>Where a lease gives to the lessor an option to retain additions and improvements at the end of the term, and the lessor has given due notice of the exercise of such option, he has a standing to maintain a bill in equity to restrain the lessee from removing such additions and improvements.</p>