Jay Geier purchased a cinnamon roll franchise from a franchisor. To house the operation, he purchased a small, but ideally located building from David Stein. The two individuals agreed upon a fair price, then both Mr. Geier and Mr. Stein signed the sales contract. Mr. Geier was to take possession of the property on March 1.
On the morning of February 28, Mr. Geier arrived at the property to take some exterior measurements he would need in order to get a contractor's bid on resurfacing the parking lot. He observed Mr. Stein removing a window air-conditioning unit from the small manager's office at the rear of the building.
Mr. Geier protested that the air conditioner should not be removed, as it was part of the sale. Mr. Stein replied that the air conditioner was his personal property and was never intended to be sold with the building, nor was it specifically mentioned in the sales contract.
Discuss the following:
1. Can Mr. Stein be permitted to take the air conditioner?
2. Would the air conditioner be considered real or personal property?
3. Should the air conditioner have been mentioned in the sales contract?