FIXTURES - GASOLINE STATION - RIGHTS OF TENANT TO REMOVE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Defendant leased a vacant lot from the plaintiff for a three-year period, to use as a gasoline station site. The lease, a filled-in printed form, supplied and drawn up by the defendant was silent as to which of the parties would erect the building, but stipulated that the lessee agreed to keep the premises, including equipment and fixtures of every nature, in good repair, would insure them, and at the end of the term "yield and deliver up the same in like condition as when taken." It also provided that the lessor would rebuild in the event of fire. Defendant erected a building of block and stucco, on a substantial concrete foundation which it wished to remove at the expiration of the term; plaintiff sought to enjoin. Held, it was unreasonable to find from the lease that the parties intended such fixture as a permanent accession to the freehold, and it was removable as a trade fixture. Cameron v. Oakland County Gas & Oil Co., 277 Mich. 442, 269 N. W. 227 (1936).

Recommended Citation

Michigan Law Review, FIXTURES - GASOLINE STATION - RIGHTS OF TENANT TO REMOVE, 35 Mich. L. Rev. 1178 (1937).
Available at: https://repository.law.umich.edu/mlr/vol35/iss7/17