Minerals also, though part of the realty, may be severed and, when severed, become goods. A contract to sell severed iron ore would be a contract to sell goods even though the ore which the parties expected, or even contracted, should be the subject of the sale, was not yet mined; but any attempt to give the buyer a right in the ore before it was mined would be an attempt to transfer an interest in land.49 As to manure, the Massachusetts court said:50 "It is till then [the time when mixed with the soil] an incident of the real estate of such peculiar character that while it remains only constructively annexed, it will be personal property if the parties interested agree so to treat it." 51

Eager, 16 N. J. L. 81; Green v. Armstrong, 1 Denio, 550; Bishop v. Bishop, 11 N. Y. 123, 62 Am. Deo. 68; Miiell v. Burnett, 4 Jones (N. C), 249, 6S Am. Dec. 744; Drake v. Howell, 133 N. C. 162, 45 S. E. 539; Clark v. Guest, 54 Ohio St. 298,43 N. E. 862; Bowers v. Bowers, 95 Pa. 477; Miller v. Zufall, 113 Pa. 317, 6 All. 350; Knox v. Haralson, 2 Tenn. Ch. 232; Buck v. Pickwell, 27 Vt. 157; Charles Somers Co. v. Pix, 75 Wash. 233, 134 Pac. 932; France v. Deep River Logging Co., 79 Wash. 336, 140 Pac. 361; Fluharty v. Mills, 49 W. Va. 446, 38 S. E. 521; Daniels v. Bailey, 43 Wis. 566; Lillie v. Dunbar, 62 Wis. 198, 22 N. W. 467; Seymour v. Cushway, 100 Wis. 580, 67 N. W. 769, 69 Am. St. Rep. 957. 46 71 N. J. L. 69, 72 N. J. L. 185, 58 Atl. 100.

47 71 N. J. L. 69, 70.

48 Higgins v. Kusterer, 41 Mich. 318, 2 N. W. 13, 32 Am. Rep. 160. Compare State v. Pottmeyer, 33 Ind. 402.

49See MoConathy v. Lanham, 25 Ky. L. Rep. 971, 76 S. W. 535. In Morgan v. Russell, [1909] 1 K. B. 357, the plaintiff sued on a contract to sell him slag, which had been tipped on the defendant's land a long time previously. The plaintiff was given the right to enter on the land and take as much as he wanted at a fixed price per ton. This was held not a contract for the Bale of goods and the buyer was held not entitled to the measure of damages provided in the Sale of Goods Act.

50Strong v. Doyle, 110 Mass. 92, 93.