Page:Halsbury Laws of England v1 1907.pdf/515

 — 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) (•/)