A Treatise On the Construction of the Statute of Frauds, As in Force in England And the United States, With An Appendix, Containing the Existing English And American Statutes
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McGuire, 13 B. Mon. (Ky.) 340. CH. XII.J CONTRACTS FOR LAND, 247 was not a contract giving an interest in land ; it is only a con- tract to sell potatoes, at so much a sack, on a future day, to be taken up at the expense of the vendee. He must give notice to tlie defendant for that purpose, and cannot come on the land when he pleases.''^ Parke, B., said : " This is a contract for the sale of goods and chattels at a future day, the produce of certain land, and to be taken away at a certain time.... It gives ilo right to the land ; if a tempest had destroyed the crop in the mean time and there had been none to deliver, the loss would clearly have fallen on the defendant." ^ § 244. The American decisions, which, upon the whole, are quite harmonious with the general tendency of those we have been quoting, will be referred to hereafter.^ Meanwhile, one more case, and that an early and most important one, requires to be examined. This is Crosby v. Wadsworth, decided in the Queen's Bench in 1805.
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