New York Supreme Court July 15, 1883 (Smith v. Sturgess)

Davis, P. J.

When the contract for the sale of the property described therein was made, all the fixtures subsequently removed by the tenant were in the building, and in such condition that if they had belonged to the vendor, the plaintiff’s assignor, the title to them would undoubtedly have passed to the defendant under the general description in the contract —■ “ store and premises.