McKay v. Meyer Jonasson & Co.

Citations

• 44 Pa. Super. 293
• 1910 Pa. Super. LEXIS 168

Syllabus

<p>Equity — Findings of fact — Trade fixtures — Elevator.</p> <p>1. Where the tenant of a four story building for a number of years takes out the elevator and closes up permanently the openings thereof, and subsequently installs a new elevator in connection with a new staircase and skylights, and these changes effect a condition of the building substantially different from its former one, and the lease forbids the removal of improvements made by the lessee, the new elevator installed by the lessee is a fixture which he will not be permitted to remove at the end of his lease.</p> <p>2. In determining whether an improvement placed by a tenant in a leased building is or is not a trade fixture, it is not the character of the physical connection with the realty which constitutes the criterion of annexation, but it is the intention of the tenant at the time he makes the addition to the property.</p>