Goods

WARES, AND MERCHANDISE. A phrase used in the Statute of Frauds. Fixtures do not come within it; 1 Cr. M. & R. 275. Growing crops of potatoes, corn, turnips, and other annual crops, are within it; 4 M. & W. 347; contra, 2 Taunt. 38.

See Addison, Contr. 31; Blackb. Sales §§ 4, 5; Craddock v. Riddlesbarger, 2 Dana (Ky.) 206; Stambaugh v. Yeates, 2 Rawle (Pa.) 161; 10 Ad. & E. 763.

As to when growing crops are part of the realty and When personal property, see 1 Washb. R. P. 3. A contract for the sale of apples, peaches, and blackberries which might be raised during certain years, are chattels personal and not within the statute; Smock v. Smock, 37 Mo.,4.pp.

56.

Promissory notes and shares in an it; see 2 Pars. Contr. 330; and so have a bond and mortgage; Greenwood v. Law, 55