POPE v. KIRSCHNER

No. WD 39115.

742 S.W.2d 240 (1987)

William J. POPE and R. Ellen Pope, Appellants, v. Edwin KIRSCHNER and Rosemary Kirschner, Respondents.

Missouri Court of Appeals, Western District.

December 29, 1987.


Attorney(s) appearing for the Case

James J. Wheeler, Keytesville, for appellants.

Richard N. Brown, Brookfield, for respondents.

Before KENNEDY, C.J., and LOWENSTEIN and GAITAN, JJ.


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 Marceline, to the Popes. The sale of real estate was subject to an existing lease agreement for the property...

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