Webster v. Scheidt

BARNARD, P. J. This is an action to recover the value of certain personal property, either as the purchase price or on the theory of a conversion.

M. Friis-Hansen and Company, which will be referred to as Hansen, was the lessee of certain lots upon which it had erected a service station building with the normal equipment of storage tanks, pumps, etc. The terms of the lease required that these improvements remain as security until its expiration, and by implication gave Hansen the right to then remove them. Hansen later subleased the station to Eagle Oil and Refining Company, Inc., and still later Eagle subleased to the plaintiff Webster. In addition to selling gasoline Webster had installed in the building a stock of tires and accessories, which will be referred to as the “stock.”

Hansen’s lease expired on May 31, 1947. Prior to that date the owners of the lots leased the land to the defendant Scheidt for a term beginning June 1,1947. This lease required Scheidt to assume the entire responsibility for any negotiations with Hansen ‘1 for the acquisition of any property owned by him. ’ ’ While notices of termination had been duly served by Hansen and by Eagle, Webster was allowed to continue to operate the service station after May 31, 1947, and until September 6, 1947. In the meantime, Scheidt was negotiating with Hansen for the purchase of the building and equipment owned by it. On August 1, 1947, Scheidt purported to take theoretical possession of the station and made a temporary arrangement with Webster by which Webster was to continue to operate the station, pending Scheidt's negotiations with Hansen, and was to pay Scheidt two cents per gallon on all gasoline sold. About the same time, Scheidt entered into negotiations with Webster for the purchase of the stock, which the court found Avere never completed.

Scheidt and Hansen were unable to agree on a price for the property owned by Hansen and on the afternoon of September 6, 1947, Scheidt notified Hansen that he would not permit the removal of the building and equipment from the premises. At 5 o’clock on Sunday morning September 7, Hansen’s crew of 12 men entered the premises and removed the building and equipment. They first removed the stock from the building and by 6 a. m. had it loaded in a van. The stock was then taken to Hansen’s premises, where it still remains. Scheidt and Webster appeared about 7 a. m., while the equipment was being removed. Being unsuccessful in their efforts to prevent its removal, they went to Hansen’s premises and were told by [522]