Miller v. Davis
Supreme Court of Iowa
Appeal from Mills District Court. — J. B. Rockafbllow, Judge. The petition, as amended, alleged that plaintiffs, in the fall of 1916, entered into an oral contract with the defendant, — who is owner of a large tract of land on which all cottonwood, elm, and other trees of sufficient size were to he sawed for lumber, except walnut trees, which were to be either sawed into lumber or sold in the log, to the best advantage to the parties, — by the terms of which plaintiffs were…
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Appeal from Mills District Court. — J. B. Rockafbllow, Judge. The petition, as amended, alleged that plaintiffs, in the fall of 1916, entered into an oral contract with the defendant, — who is owner of a large tract of land on which all cottonwood, elm, and other trees of sufficient size were to he sawed for lumber, except walnut trees, which were to be either sawed into lumber or sold in the log, to the best advantage to the parties, — by the terms of which plaintiffs were to cut and haul the logs to the saw mill, when cut, and saw the same into lumber, except as above stated, and, as…
1Opinion of the CourtLadd, C. J.
The oral contract, alleged in the petition as amended, was not for the purchase of timber growing on defendant's land, as seems to have been assumed in the demurrer, but for labor to be performed in cutting, hauling, and sawing the same. The compensation to be paid was to be measured by the price to be received for the lumber, after being sawed, and the walnut logs, which could be disposed of to better advantage as logs. That an executory oral contract for the sale of standing or growing timber is a contract for an interest in land, cannot well be questioned. Garner v. Mahoney, 115 Iowa 356.…
2Cases cited9 opinions
- Robbins v. FarwellSupreme Court of Pennsylvania · 1899
- Ives v. RailroadSupreme Court of North Carolina · 1906
- Leonard v. MedfordCourt of Appeals of Maryland · 1897
- Emerson v. ShoresSupreme Judicial Court of Maine · 1901
- Sanders v. ClarkSupreme Court of Iowa · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Stagner v. StaplesMissouri Court of Appeals · 1968
- Graeser v. GordonSupreme Court of Iowa · 1920