The sale of a tree, whether independently or as appurtenant to the land, shall include the fruit born thereon if it has not been pollinated, or if it has not been set, in whole or for the most part. If it has been pollinated or has set, in whole or for the most part, it shall not be included in the contract, unless otherwise stipulated by a condition or established by custom as being appurtenant to the tree. Where the fruit has been pollinated or has set only as to one-half thereof, each part shall be governed by the foregoing rule applicable thereto.
Interpretation and application must be checked against the official text and current version.
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