In 1968, JEP bought a fully functioning theater in the Lake of the Ozarks. The building was designed and constructed as a live theater. It contained a raked concrete floor, 1,000 seats bolted to the floor, stage and backstage areas, a concession stand, and a ticket booth.
In 1970, the building was converted to a movie theater.On April 1, 1973, JEP agreed to a 20-year lease with Jablonow-Komm Theatres. Shortly thereafter, and with the approval of JEP, Jablonow removed the old wooden seats and installed 733 fabric-covered plastic theater seats. Jablonow then transferred its interest in the lease and property to RKO Mid-America Theatres, Inc. In May 1982, JEP and RKO amended the 1973 lease, giving RKO the right to remodel the theater so that it had two screens instead of one for an increase in monthly rent. Two years later, RKO transferred its interest in the lease and property to Commonwealth Theatres of Missouri. As part of this transfer, RKO gave Commonwealth a "Bill of Sale and Assignment" that purported to transfer to Commonwealth 654 theater seats, "free and clear of all liens, encumbrances, claims, clouds, charges, equities, or imperfections of any kind or nature. . . ." In May 1985, Commonwealth transferred its interest in the lease and property to Wehrenberg. In April 1993, after the lease had expired and without JEP's approval, Wehrenberg uprooted the theater seats from the floor, breaking sections of concrete and leaving behind only the inclined floor, pocked with 2,600 holes. Were these seats fixtures?