REAL PROPERTY VS. PERSONAL PROPERTY Jon is a fanatical NFL fan and never misses a Giants game. Believing the Giants have a chance to make it to the Superbowl, Jon purchases a brand new 56" plasma tv at a cost of $3,000.00 in order to get the best viewing experience possible. Jon's wife, Tori, doesn't want that "monstrosity" to take up half of her living room so she insists that it be mounted to the wall. Tori picks out a spot for the tv of that size to be mounted and Jon says "it's like the tv was made to fit on that wall!" Jon has the tv delivered and professionally installed and "mounted" to the wall.

The installation process was as follows: 1. A "bracket" was screwed into the studs of the wall. 2. A hole is cut in the wall area behind where the tv will be in order to hide the cables and wires behind the wall. 3. The tv is then placed onto the bracket, but does not require any screws.

Three months after purchasing the tv, Jon feels like he shot himself in the leg because not only did the Giants not win the Superbowl, but he has to move!

Jon and Tori enter into a contract to sell their house to Eli and Eli puts down a deposit of $20,000.00. Paragraph 19 of the contract of sale states "This sale includes all real property including but not limited to all fixtures. All personal property is specifically excluded from this sale." At the closing, Eli says to Jon, "I can't wait to watch the Giants games next season on that beautiful plasma tv! I'm glad that is was included in the sale." Jon tells Eli that he is mistaken as the tv is Jon's personal property. Eli insists that the tv is "real property" and included in the sale.

Who is right? Why?