Macdonough v. Starbird

Citations

• 105 Cal. 15
• 38 P. 510
• 1894 Cal. LEXIS 1102

Syllabus

<p>Landlord and Tenant—Removal of Trade Fixtures—Lumber-yard Office.—An office, erected by a tenant of a lumber-yard, and resting upon mudsills placed on the surface of the ground, is a trade fixture which, under section 1019 of the Civil Code, the tenant has a right to remove at any time during the continuance of the term.</p> <p>Id.—Lease from Month to Month—Effect of Transfer of Title— Change of Lease.—A mere transfer of title does not in any way change, modify, or affect a lease from month to month; but the grantee simply takes the place of his grantor, and becomes the landlord of the tenant, and the lease continues as before, subject only to change in the mode prescribed by statute.</p> <p>Id.—Continuance of Tenancy—Right to Remove Trade Fixture— Ignorance of Grantee—Injunction.—Where no notice was given by the grantee pursuant to section 789 or section 827 of the Civil Code, and no attempt was made by him to terminate the lease from month to month, or to change its terms in any way, but he accepted the customary rent, and allowed the occupancy to continue for a full year, there is a recognition and continuance of the old lease by the grantee, and not the taking of a new one by the tenants, and the tenants have a right to remove an office building as a trade fixture during the continuance of the lease from month to month, and the new landlord cannot enjoin such removal on the ground that he was ignorant of an agreement between the tenants and his grantor for such removal.</p>