This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Contracts for the sale of fixtures which are held to be part of the realty are within this clause;1 while contracts for the sale of such fixtures as are removable and are held to be personalty are not within this clause.2 If, however, a fixture which is treated as realty is to be severed by the vendor and delivered by him to the vendee, a contract for the sale of such fixture is not within the statute. Thus a contract for the sale of a dwelling house to be severed from the realty and delivered on rollers3 is not within the statute. As in the case of growing trees,4 some jurisdictions seem to hold that an oral agreement between vendor and vendee for the sale as a chattel of a fixture which is ordinarily part of the realty may operate as a conversion thereof into personalty so far that it is not within this section of the statute.5 A contract to permit the removal of personalty annexed to realty of lessor by lessee, but still remaining personalty, is not within this clause of the statute.6