Pope v. Kirschner

LOWENSTEIN, Judge.

The main issue of this case is whether certain items of business property are personal property or fixtures and part of the real estate.

Briefly recounted, the facts necessary for a decision are as follows: the respondent Kirschners contracted and did sell pursuant to a general warranty deed certain real estate, a bar and grill in Marce-line, to the Popes. The sale of real estate was subject to an existing lease- agreement for the property as a bar and grill between *241the Kirschners and Eichelberger. This lease agreement contained a concurrent express sale of certain equipment…