Parker v. Wulstein

• Decision Date: 14 April 1891
• Citation: 21 A. 623,48 N.J.E. 94
• Parties: PARKER et al. v. WULSTEIN et al.
• Court: New Jersey Court of Chancery

21 A. 623

48 N.J.E. 94

PARKER et al.

v. WULSTEIN et al.

Court of Chancery of New Jersey.

April 14, 1891.

(Syllabus by the Court.)

Bill in equity.

R. Wayne Parker, for complainants.

Edward Q. Keasbey, for defendants.

BIRD. V. C. The defendant Bergerow accepted the lease from the complainants of a certain store property. There was a stipulation in the lease "that all improvements of the buildings shall belong to the landlord at the expiration of the term." During the term there were shelves which rested on a base counter, and attached to narrow boards or cleats, which were attached by nails to the side wall. These shelves and counter were used by the tenant for storing and displaying his goods. He also placed in the basement a furnace, from which he carried two flues to holes or registers cut in the flooring above, for the purpose of heating the store-room properly. This furnace and these flues can be removed, leaving nothing to show they had been used except the holes made in the floor and the registers therein inserted. There are strong iron hooks attached to either side of the front windows for the purpose of holding awnings, by means of which the strong light can be shut out from the windows. The lessee procured iron frames, and the ordinary material for the awnings, and attached the awnings, when completed, to the said hooks. The lessee assigned his interest in the lease to the defendant Wulstein. The complainant consented to the assignment, but expressly held Bergerow to his obligations under the lease for the payment of the rent. At the close of the term Wulstein advertised and offered for sale the said shelves, furnace, and awnings, together with other articles, and sold them. But before they were removed an injunction was obtained and interposed. Wulstein insisted that neither of the articles mentioned can properly be regarded as an improvement to the building. I think a little reflection will satisfy every candid inquirer that the complainant is entitled to what he prays for in this respect. The word "improvement" maybe said to comprehend everything that tends to add to the value or convenience of a building, or a place of business, whether it be a store, manufacturing establishment, warehouse, or farming premises. It certainly includes repairs of every description. It necessarily includes much more than the term "fixtures." Indeed, so far as 1 am able to understand, it is difficult to conceive any additions made to a building by a tenant for his own convenience in the conduct of the business, which may not properly be included in the term "improvements."...