— Part YIIT.
—Miscellaneous.
293
Sale of Growing Crops
Sect. 13.
etc.
Sect.
649. As a general rule, a sale of growing crops iq) or fruit is deemed a sale of chattels only, and does not confer an interest in land so as to come within the provisions of sect. 4 of the Statute
Growing Crops
When
of Frauds.
With
respect to fructus industriales, i.e., corn and other growth of the earth which are not produced spontaneously but by labour and industry, a contract for the sale of them while growing, whether they are in a state of maturity or have still to derive nutriment from the land in order to bring them to that state, is not a contract for the sale of any interest in land, but merely for the sale of goods (r). Also when the owner of the soil sells what is growing on the land, whether natural produce, as timber, grass, or apples, or fructus industriales, on the terms that he will cut or sever them from the land and deliver them to the purchaser, there is no sale of any interest in the land (s). On these principles it has been held that the sale of a growing crop of wheat (t), of a crop of growing corn and the eatage of the stubble afterwards together with some growing potatoes and whatever lay grass was in the fields (a), of a crop of potatoes which had matured {b) and of a crop of growing potatoes (c) are all sales of chattels only.
13.
Sale of etc.
not
an interest in land.
Sale of
produce to be severed byvendor.
,
650. On the other hand, the following have been held to be sales of When held an interest in land a sale of growing grass for the purpose of being interest mown and made into hay by the purchaser {d) a sale of hops not in land. a sale of growing turnips, no time being stipulated yet in bine (e) for removing them (/) a contract with an incoming tenant to take and pay for growing crops and tillages in consideration of letting him a farm (g). A sale of growing fruit is a sale of an interest in land (h). An unconditional sale of underwood or growing trees to be cut by Underwood but not so when and growing the purchaser is a sale of an interest in land (i) trees. it is stipulated that they shall be removed as soon as possible by
growing crops in connection Bills of Sale. (?) Note to William.s' Saunders on the case Duppa v. Mayo, p. 395, cited in Marshall v. Green (1875), 1 C. P. D. 35, 39. (s) Washbourn v. Burrows (1847), 1 Exch. 107. (q)
with
(t)
(a) [h)
2
(c)
{d)
Wariuicli v. Bruce {l^Vd),
S. 205.
Evans
& W.
v.
Rolerts (1826), 5 B.
&
0. 829;
Sainshury
v.
Matthews
343.
Crosby v.
M. & W. (e)
of the questions affecting
Mayfield v. Warhley (1824), 3 B. & 0. 357. Jones v. i^Zm^ (1839), 10 A. & E. 753. Parker v. Staniland (1809), 11 East, 362;
M. &
4 M. 2
For the discussion
bills of sale, see title
Wadsworth
(1805),
6 East, 602
Carrington
v.
Roots (1837),
248.
Waddington
v.
&
Bristow (1801), 2 Bos.
M. & W. 501. (/) Emmerson v. Heelis
P. 452.
But
see Rodiuell v. Fhillips
(1842), 9
(1809), 2 Taunt. 38. It is doubtful if this case would considered to be correctly decided see Jones v. Flint, supra. Fahnouth {Earl of) v. Thomas (1832), 1 C. & M. 89. Eodwell V. Phi/lips, supra. Scorell V. Boxa/l (1827), 1 Y. & J. 396.
now be {g)
(h) (•/)
