McIlvaine v. Harris
Supreme Court of Missouri
Appeal from Washington Circuit Court. This was an action commenced beEore^ a justice of the peace to recover the price of a crop of growing wheat alleged to have been sold to the defendant.
Read the full summary
Appeal from Washington Circuit Court. This was an action commenced beEore^ a justice of the peace to recover the price of a crop of growing wheat alleged to have been sold to the defendant. At the trial in the Circuit Court on appeal, the plaintiff offered to show the following facts : Early in March, 1852, he and the defendant made a verbal agreement, he to sell and the defendant to purchase a tract of land upon which he then resided, possession to be given the ensuing fall. Very soon afterwards, the agreement was modified, and defendant allowed to take possession immediately of a part of…
1Opinion of the CourtScott, Judge
1. Growing wheat is a part of the freehold and passes along with the land on which it is sown. The rule with regard to emblements, as stated by an accurate writer, is this : that, in contracts for the.sale of things annexed to and growing upon the freehold, if the vendee is to have the right to the soil for a time, for the purpose of further growth and profit of that which is the subject of sale, it is an interest in land, within the meaning of the statute of frauds, and must be proved by writing; but when the thing is sold in prospect of separation from the soil immediately or within a…
2Cited by9 opinions
- Cravens v. JollyMissouri Court of Appeals · 1981
- Grabow v. McCracken Et Ux.Supreme Court of Oklahoma · 1909
- Cooper v. KennedyNebraska Supreme Court · 1910
- Johnson v. TantlingerSupreme Court of Iowa · 1871
- Cantrell v. CraneMissouri Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.