United Society v. Brooks
Massachusetts Supreme Judicial Court
Contract, for breach of the following instrument, under seal, executed by the parties in the presence of one witness : “ This agreement, made this twenty-seventh day of December, A. D. 1879, by and between the United Society, called Shakers, of Pittsfield and Hancock in said county of Berkshire,-and Franklin A. Brooks of North Adams in said county of Berkshire, witnesseth: That the said United Society agrees to sell and Brooks agrees to buy all the hemlock bark and all the…
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Contract, for breach of the following instrument, under seal, executed by the parties in the presence of one witness : “ This agreement, made this twenty-seventh day of December, A. D. 1879, by and between the United Society, called Shakers, of Pittsfield and Hancock in said county of Berkshire,-and Franklin A. Brooks of North Adams in said county of Berkshire, witnesseth: That the said United Society agrees to sell and Brooks agrees to buy all the hemlock bark and all the hemlock and spruce timber now standing, growing, and being on the land owned by said United Society, and situate in…
1Opinion of the CourtKnowlton, J.
We are to determine in this case whether the writing declared on passed a title to the defendant in the trees growing upon the land, or whether it was an executory • agreement for the sale of chattels, to take effect after they should appear in the form of timber, lumber, and bark.
*415An oral contract purporting to be "a present salé of growing wood and timber, with a privilege of entering upon the land to remove it, is held not to be within the statute of frauds, but a sale of chattels, which changes the ownership as fast as the trees are severed from the real estate under the license granted to…
2Cases cited1 opinion
- White v. FosterMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Richbourg v. RoseSupreme Court of Florida · 1907
- Fletcher v. LivingstonMassachusetts Supreme Judicial Court · 1891
- Brown v. BishopSupreme Judicial Court of Maine · 1909
- Clark v. AldrichCourt of Appeals for the First Circuit · 1922
- Worthen v. GarnoMassachusetts Supreme Judicial Court · 1902