McClintock & Irvine Co. v. Ætna Explosives Co.

Citations

• 260 Pa. 191
• 103 A. 622
• 1918 Pa. LEXIS 492

Syllabus

<p>Landlord and tenant — Leases—Construction—Expiration of term —Lessee’s right to remove machinery and apparatus at end of term —Trade fixtures— Words and phrases — “Apparatus’’—Evidence— Declarations — Steel framed huilding — Case for jury.</p> <p>1. In case of doubt or uncertainty as to tbe meaning of language used in a lease, its provisions will be construed most strongly against the lessor and in favor of the lessee.</p> <p>2. In the absence of an express contract concerning trade fixtures there is an implied contract permitting the tenant to remove them if done at the proper time and in a proper manner.</p> <p>3. What constitutes trade fixtures is a question of intention to annex, not the character of the physical annexation to the realty, and such question is usually a mixed question of law and fact and therefore for the jury.</p> <p>4. Where the lease determines the ownership of the chattels or property placed on the premises by the tenant, the rights of the parties depend upon the inteipretation of the instrument, without regard to the law of trade fixtures, and the question is for the court.</p> <p>5. The word “apparatus” is defined “a generic word of the most comprehensive signification; implements; an equipment of things provided and adapted as a means to some end; any complex instrument or appliance for a specific action or operation, of which mechanical or chemical instruments are given as examples; a full collection or set of implements for-a given duty, experimental or operative; things provided to some end, especially a full collection or set of implements or utensils for performing scientific experiments or operations.”</p> <p>6. Where the steel framework of a building erected by the lessee contemporaneously with mechanical apparatus and appliances is an essential part of the scheme itself and necessary to its operation, the mere act of partly enclosing the sides of the framework and covering the whole with a roof does not have the effect of so cha