Hodson

This is an action of claim and delivery, and defendant appeals from the judgment and order denying his motion for a new trial. Defendant purchased the photographic business of plaintiff under a written contract of sale which provided: “It is the purpose of this agreement to transfer all the materials and working apparatus now contained in said gallery, No. 521 J street, Sacramento, California, including everything essential to the working of the operating-room, the printing-room, furnishing, dressing and reception rooms, and all furniture' therein contained, also sixteen oil paintings and other various, pictures and their frames, also all signs and advertising cases,, also all the cameras, material, and negatives therein contained.”

Plaintiff now seeks to recover possession of certain personal property which he claims did not pass to defendant under this *620 Bale, evidenced by the foregoing written contract. The plaintiff sold to defendant “all the materials and working apparatus now contained in said gallery, No. 521 J street, Sacramento, California.” Upon the same floor of the building in which this gallery is located Hodson had the possession of two rooms, Nos. 10 and 11, in…