The Sale of Goods Act (Ont. s. 2; U- K. s. 62) provides:

"Goods" shall include all chattels personal other than things in action and money; and shall include emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.

A distinction has been drawn as to [the sale of crops] between what are called emblements, crops produced by cultivation, or fructus industriales, and growing grass, timber, or fruit upon trees, which are called fructus naturales. The law is settled thus. If the property is to pass after the crops are severed from the soil, then both fructus naturales and fructus industriales are goods within the meaning of the . . . Sale of Goods Act. If the property is to pass before severance. fructus industriales are goods, but fructus naturales are an interest in land.

Anson, Contract, 15th ed., 1920, p. 83.

Most of the decisions before the Act arose on construction of the Statute of Frauds [see chapter 2, 23], which uses the expression "goods, wares, and merchandises," and this expression was somewhat artificially extended in order to bring contracts of sale within the 17th section of that Act rather than the 4th, which does not recognise part performance. Obviously decisions on those words must be applied with caution to the present definition, which applies not only to s. 4 [Ont. s. 6: see chapter 2, 24] (reproducing the 17th section of the Statute of Frauds), but to the whole Act.

Chalmers, Sale of Goods, 7th ed., 1910, p- 143.

As to "goods," see also Benjamin, Sale, 5th ed., 1906, pp. 173 ff.; 25 Halsbury, Laws of England, p. 112. As to crops, standing timber, etc., see Crosby v. Wadsworth, 1805, 6 East 602; Smith v. Surman, 1829, 9 B. & C. 561, 23 R.C. 230; Marshall v. Green, 1875, 1 C.P.D. 35; McNeill v. Haines, 1889, 17 Or. 479; Handy v. Carruthers, 1894, 25 O.R. 279; Morgan v. Russell & Sons, [1909] 1 K.B. 357.

The Sale of Goods Act (Ont. s. 7; U. K. s. 5) provides:

7. - (1) The goods which form the subject of a contract of sale may be either existing goods owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract of sale, in this Act called "future goods."

(2) There may be a contract for the sale of goods, the acquisition of which by the seller depends upon a contingency which may or may not happen.

(3) Where by a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods.

As to the distinction between existing and future goods and its consequences, see chapter 3. Goods are also distinguished as being specific or ascertained and generic or unascertained. This distinction is also discussed in chapter 3.