Chapman v. Long

This was an action to recover a specific article of personal property, to-wit, certain wheat.

The answer is, first, a general denial; secondly, that the defendant, on the 27th of January, 1854, purchased of the plaintiff certain lands upon which said wheat was growing, and took a deed of full covenants of warranty, and therefore, &c. Eeply, that at the time of the sale, the wheat was by parol expressly reserved by the plaintiff, &c. Demurrer to the reply sustained.

The question is, whether under these circumstances, a parol agreement, by which the growing crop was reserved, is binding.

Whatever…