1. Marshall v Green – (1875-76) L.R. 1 C.P.D.
35
In the case, the defendant purchased some growing trees, by word of mouth,
on the terms that he would remove them as soon as possible. Later, when
the defendant cut down some trees, the plaintiff countermanded the sale
and prohibited the defendant from cutting the remaining. However, the
defendant still cut them and carried them away. It was not denied by either
party that there was a verbal contract. However, the question here was
whether the contract was required to be in writing under the Statute of
Frauds. The issue was whether there has been a transfer of interest in land
(in which registration is compulsory) or whether it was a mere sale of timber.
The Court held that It was a contract of sale and there had been acceptance
of the agreement. It was not required to be in writing. Transfer of interest in
land- when sale is of something which is to derive benefit from the land and
to become altered by virtue of what it draws from the land.
“The principle of these decisions appears to be this, that wherever at the
time of the contract it is contemplated that the purchaser should derive a
benefit from the further growth of the thing sold from further vegetation and
from the nutriment to be afforded by the land, the contract is to be
considered as for an interest in land; but where the process of vegetation is
over, or the parties agree that the thing sold shall be immediately withdrawn
from the land, the land is to be considered as a mere warehouse of the thing
sold, and the contract is for goods.”
