Waynesboro Planing Mill v. Perkins Manufacturing Co.

1. A parol contract unenforceable by reason of the statute of frauds is nevertheless a valid, subsisting contract as between persons other than the contracting parties, for purposes other than a recovery upon it. Cowan v. Adams, 10 Me. 374 (25 Am. D. 242) ; Draper v. Wilson, 143 Wis. 510 (128 N. W. 66, 21 Ann. Cas. 1387) ; 25 K. C. L. 732, § 380, and cases cited.

2. Where a deed to realty contains a provision making the deed subject to an existing timber lease, and where one claiming through the lessee the title to timber institutes a suit in trover against a strangePto recover the timber, the…