Exposition of the Law on Fixtures In the action at the Mixed Court before Mr. P. Grant Jones, British Assessor, and Magistrate Kuan, in which Messrs. Jardine, Matheson Ca. Ld., sued Sung Ting-fering to recover damages for alleged wrongful removal of fixtures from No. 96 Foochow Road, of which the plaintiffs were the landlords and defendant the tenant, judgement was rendered on Monday morning.
Mr. E. L. Hartopp appeared for the, plaintiffs and Dr. Fischer defended.
The judgement of the Court, which was read by the Assessor, was as follow:
Plantiffs in this action are the landlords of the premises known No. 96 Foochow Road, of defendant was tenant. The claim is for damages for wrongful removal of certain windows and wooden partition walls, fixtures upon the premises. Defendant alleges that "the partitions were his own property and that he was entitled to remove them. The answer does not specifically deny wrongful removal of the windows.
The premises in question were leased for building purposes on May 20, 1902, by Messrs. E. Dyer and E. B. Lawford to Yuen Chun-chow for a term of 20 years, Yuen Chun-chow rebuilt the pre. mises as a restaurant and fittes them with the special partitions which form the subject of this action. On January 23. 1906, he assigned the lease to a Mr. Hoerter, who again assigned to one Sun Tsze-kee on November 3, 1911. Sun Tsze-kee assigned to Chu Foo-chu on May 7, 1912, and on April 11, 1913, Chu Foo-chu reassigned to Yuen Chun-chow, in whose favour the lease had originally been created. On the same day Yuen Chun-chow assigned the premises to the plaintiffs as mortgages for the residue of the term. Plaintiffs are now mortgagees in possession and as such collect the rents of the property.
The deed of lease of May 29, 1902, provides that all questions of whatsoever nature or kind and howsoever arising between the parties thereto shall be decided and settled in accordance with the law for the time being in force in England. It contains a covenant that the lessee will "throughout the said term the said houses and buildings to be erected as aforesaid and all additions thereto in good and tenantable repair and condition internally and externally," and a further covenant by the lessee to "yield up unto the lessors the said premises hereby demised together with the houses and buildings then standing thereon and all fixtures thereto it being hereby agreed that such houses and buildings and fixtures shall belong to and become the absolute property of the lessors at the expiration of the said lease without any payment of money or
Text read from the printed page and cleaned; old type leaves the occasional error.