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REPLEVIN OF FILM AND MACHINE
235
though special scenery constituting part of the permanent stage equipment has been held to be a fixture.35
Ticket-booths are not fixtures; nor are portable dance floors put up in sections,36 nor a carousel in an amusement park, even though an old one had been removed and a new one substituted by the lessee.37
Section 78. — Replevin of film and machine.
Where the plaintiff, the owner of motion picture films, had leased them to defendant under a license agreement which the latter had violated, the plaintiff was entitled to maintain replevin for the possession of the films.38 The
35 Oliver v. Lansing (1899), 59 Neb. 219; 80 N. W. 829. Held that “the stage appointments, such as scenery, etc.,” as well as the opera chairs fastened to the floors, all of which had been built and designed specially for the building were fixtures and passed with the realty; that a piano, carpets and curtains were personalty.
Waycross v. Sossman (1894), 94 Ga. 100; 20 S. E. 252. Held that scenery and other articles constituting the stage and scenic outfit of an opera house as well as drop-curtain, wings, borders, set-houses, settees and balustrades, were fixtures. To the same effect: Grewar v. Alloway, 3 Tenn. Ch. 584.
36 Security Trust Co. v. Temple
Co. (1904), 67 N. J. Eq. 514; 58 Atl. 865. Held that the following were not fixtures of a theatre: stage-scenery, chairs not fastened to the realty, combination closet, clock, ticket-boxes, mirrors, tools, wrenches and oilfitter, large portable dance-floor in sections.
37 Midler v. Rittersville Hotel (1913), 240 Pa. 79; 87 Atl. 424.
38 Lubin v. Swaab (1913), 240 Pa. 182; 87 Atl. 597. This was an action in replevin to recover nine motion picture films leased under a licensed agreement. Plaintiff had been licensed by the Moving Picture Patents Co., owner of patents, to make and lease films to exchanges; defendant operated an exchange. The contract provided that on termination for a breach plaintiff