Muller v. Rittersville Hotel Co.

Citations

• 240 Pa. 79
• 87 A. 424
• 1913 Pa. LEXIS 634

Syllabus

<p>Landlord and tenant — Construction of lease — Fixtures—Amusement park — Caroussel.</p> <p>Where the owner of an amusement park leases a casino building in it for a term of years with the right to repurchase the leasehold at a sum stated and within a fixed time before the expiration of the lease, and the lease further provides for a sale to the lessee of a caroussel in the casino to be paid for in instalments, the property to be in the lessor until the full amount is paid, and also provides that the lessee shall build a new caroussel which shall not be removed without the written consent of the lessor during the term, and the lessee pays for the old caroussel and builds the new caroussel, the lessor, on exercising its right to repurchase the leasehold, cannot claim the new caroussel as appurtenant to the •leasehold, and the lessee has a right to remove it under a provision of the lease which gives him the right to remove his property at the end of the term.</p>