Commercial Tribune Bldg. Co. v. Rapid Electrotype Co.
This text of 21 Ohio C.C. Dec. 361 (Commercial Tribune Bldg. Co. v. Rapid Electrotype Co.) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant, as lessee of the third floor of a building belonging to the plaintiff, constructed a partition across the same, for the purpose of subletting a part thereof, the upper part being of glass and the lower part being of wood fitting into the groove of a cleat which was nailed to the floor. At the edges and at the top it was wedged but not' otherwise fastened to the walls or the ceiling, and could easily be removed without doing any substantial injury to the building.
Held: The nature of the article affixed, the relation of landlord and tenant, the structure and mode of annexation, and the purpose or use for subletting a portion of the floor space, show no intention to make the partition a permanent accession to the freehold. Teaff v. Hewitt, 1 Ohio St. 511 [59 Am. Dec. 634]; Brown v. Wallis, 115 Mass. 156.
Injunction dissolved and petition dismissed.
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21 Ohio C.C. Dec. 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-tribune-bldg-co-v-rapid-electrotype-co-ohiocirct-1908.