Yancy rented a building to Roberts, who operated a restaurant on the first floor and converted the

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Yancy rented a building to Roberts, who operated a restaurant on the first floor and converted the second floor into apartments. The lease contained a provision permitting Roberts to remove from the second floor any fixture he furnished provided that such removal did not injure the real estate. Shortly before the lease was to expire, Roberts began to remove property from the building to move it to a new building. He removed booths, stools, sinks, dishwashers, refrigerators, and other items of equipment used in his restaurant business. He also took various lighting fixtures, paneling, and sheetrock from the walls, and canopies and false ceilings from over the booths. The lighting fixtures were replacements for ones on the premises when Roberts took possession. 


The paneling was nailed to wooden strips nailed to sheetrock and in turn the wooden walls. The false ceilings were made of 2-by-4s nailed to the walls and covered by paneling and Celotex. On the second floor, Roberts was preparing to take plumbing fixtures, hot-water heaters, shower stalls, commodes, lighting fixtures, the heating system, and other items that he had installed. Yancy filed a lawsuit against Roberts seeking to obtain damages for injuries caused to the property and to enjoin him from removing “permanent improvements, fixtures, and attachments from the property.” Which of these items of property was Roberts entitled to take, and which did he have to leave when he vacated the property?

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Related Book For  answer-question

Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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