Pfistner v. Bird
Michigan Supreme Court
Error to Kent. Trespass. Defendant brings error. Title cannot pass until there is some specific identification of the property bargained for, Golder v. Ogclen 15 Penn. St. 528; Hutchinson v. Hunter 7 id. 140; Waldo v. Belcher 11 Ired. 609; Merrill v. Hunnewell 13 Pick. 213; Scudder v. Wors-' ter 11 Cush. 573; Wilkinson v. Holiday 33 Mich. 386; Hahn v. Fredericks 30 Mich. 223; First Nat.
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Error to Kent. Trespass. Defendant brings error. Title cannot pass until there is some specific identification of the property bargained for, Golder v. Ogclen 15 Penn. St. 528; Hutchinson v. Hunter 7 id. 140; Waldo v. Belcher 11 Ired. 609; Merrill v. Hunnewell 13 Pick. 213; Scudder v. Wors-' ter 11 Cush. 573; Wilkinson v. Holiday 33 Mich. 386; Hahn v. Fredericks 30 Mich. 223; First Nat. Bank v. Crovfley 24 Mich. 492; Bingham v. Eggleston 27 Mich. 324; Kingsley v. Holbrook 45 N. H. 313; Drake v. Wells 11 Allen 141; Benj. Sales § 352; it passes at once where the property is in a specified place…
1Opinion of the CourtMabston, C. J.
On September 7, 1868, William Bradley, claiming to be the owner of certain lands in this State, sold to defendants Bird by written contract “all of the pine trees they * * * may choose to take off from the following described lands * * * within three years from the date of this agreement; * * * And the said parties [Birds] do hereby agree to pay the said party of the first part [Bradley] the sum of one dollar per thousand feet for said pine so cut, hauled and scaled.. * * * the measures of said logs are to be taken at the proper measure so delivered by the man or person who is appointed to…
2Cited by3 opinions
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- Gates v. ComstockMichigan Supreme Court · 1895
- McLemore v. Knott Coal Corp.Court of Appeals of Kentucky · 1924