Goods

WARES, AND MERCHANDISE. A phrase used in the statute of frauds, covering, generally, all classes of personal property. Fixtures do not come within it. 1 Cromp., M. & R. 275; 3 Tyrwh. 959; 1 Tyrwh. & G. 4. Growing crops of potatoes, corn, turnips, and other annual crops, are within it. 8 Dowl. & R. 314; 10 Barn. & C. 446; 4 Mees. & W. 347. Per contra, 2 Taunt. 38. See Add. Cont. 31, 32; 2 Dana (Ky.) 206; 2 Rawle (Pa.) 161; 5 Barn. & C. 829; 10 Adol. & E. 753. See, generally, 118 Mass. 285; 20 Mich. 357. Promissory notes and shares in an incorporated company, and, in some cases, money and bank notes, have been held within it. See 2 Pars. Cont. 330-332.

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

WARES AND MERCHAN-