The opinion of the court was delivered by: WOOD
After a hearing at which Willie Greves Corporation was given an opportunity to prove its claim, if any, we make the following:
1. The United States filed a complaint in condemnation and a declaration of taking on November 1, 1961, under 40 U.S.C. § 258a pursuant to authority delegated by the Secretary of the Interior. The interest condemned was taken for public use in development of the Independence National Historical Park for the benefit and enjoyment of the public.
2. The interest acquired according to the complaint was an estate in fee simple title in and to the said lands, subject to easements for streets, highways, alleys, sewer, gas and water pipe lines, telephone and power lines and other public utilities. The interest in issue herein was described in Exhibit A to the complaint as "All that certain lot or piece of ground with the buildings and improvements thereon erected * * * Together with all and singular the water rights and other rights, tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining."
4. An agreement of sale was entered into between Raditz and Greves on February 17, 1959, purporting to sell certain trade fixtures to Greves.
5. Clause 9(d) of the lease between Miller and Greves provided as follows:
"All alterations, improvements, additions or fixtures, whether installed before or after the execution of this lease, shall remain upon the premises at the expiration or sooner determination of this lease and become the property of Lessor, unless Lessor shall, prior to the determination of this lease, have given written notice to Lessee to remove the same, in which event Lessee will remove such alterations, improvements and additions and restore the premises to the same good order and condition in which they now are."
6. Clause 22 in the lease provided:
"In the event that the premises demised or any part thereof is taken or condemned for a public or quasi-public use, this lease shall, as to the part so taken, terminate as of the date title shall vest in the condemnor * * *"
7. The market value at 201 Market Street of the 21 trade fixtures in place was $4,337.00.
8. Miller replaced certain of the items included in Raditz's bill of sale with his own money or money from an insurance policy after a fire on the premises.
9. Willie Greves Corporation on or before December 8, 1962, removed all of the trade ...