Straight v. Mahoney

Citations

• 16 Pa. Super. 155
• 1901 Pa. Super. LEXIS 33

Syllabus

<p>Fixtures — Trade fixtures — Intention—Landlord and tenant.</p> <p>The true criterion in determining what are trade fixtures, is the intention on the part of the tenant to remove the fixtures during his term at the time he placed them upon the property. The intention which, thus becomes controlling is not the undisclosed purpose of the actor, but the intention implied and manifested by his acts. The question is always a mixed question of law and fact.</p> <p>Fixtures— Trade fixtures — Drug store.</p> <p>The court cannot say as a matter of law that counters, prescription cases and shelving in a drug store are trade fixtures. It is not so universally the custom to equip a drug store by physically annexing such articles to the real estate as to justify the court in holding that they were fixtures, without evidence of the intention and manner which determined their construction and use. They might readily be articles used in the profession without being trade fixtures. A jury should determine the fact.</p>