LATIMER, Justice.
Upon conclusion of plaintiff's evidence the Court peremptorily instructed the jury to find for the defendant. Plaintiff appeals challenging the correctness of that action.
The action is based upon paragraph 7 of the lease which expired in 1945 after having been in force and effect for forty years. Paragraph 7 reads:
"Seventh: Said party of the second part has the right at the termination of this lease to remove all the tools and fixtures...
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