Bours v. Webster (1856) · DecisionDepot

Bours v. Webster

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1856Published

Before: Murray

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Holding. Growing crops are not considered goods and chattels under the Statute of Frauds and pass via deed or conveyance because they cannot be manually delivered until harvested. Additionally, the trial court's contradictory jury instructions constituted reversible error.

Issues

Whether growing crops constitute goods and chattels under the Statute of Frauds.
Whether the trial court's contradictory jury instructions misled the jury.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“Crops, growing upon land, are not goods and chattels, within the meaning of the Statute of Frauds, and will pass by deed or conveyance”

“The instructions given by the Court below, at the request of the defendants, as we think, are repugnant and contradictory to those before given, at the instance of the plaintiff, and were calculated to mislead the jury.”

Synopsis

Growing crops are not goods or chattels, within the meaning of the Statute of Frauds, and will pass by deed or conveyance, from the very necessity of the case, as they are not susceptible of manual delivery until harvested and reduced to actual possession.

The opinion of the Court was delivered by Mr. Chief Justice Murray. Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.

[664]Crops, growing upon land, are not goods and chattels, within the meaning of the Statute of Frauds, and will pass by deed or conveyance, from the very necessity of the case, as they are not susceptible of manual delivery until harvested and reduced to actual possession.

The instructions given by the Court below, at the request of the defendants, as we think, are repugnant and contradictory to those before given, at the instance of the plaintiff, and were calculated to mislead the jury.

Judgment reversed and cause remanded.

Bours v. Webster

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