Pinney v. Thompson
Supreme Court of Iowa
Appeal from the Johnson District Court. The plaintiff sued the defendants for trespass, in entering upon, his land, and cutting and carrying away timber therefrom. The plaintiff purchased the land of the executors of the will of James P. Carleton, deceased. The defendants justified under a license or contract with the same executors, made before the plaintiff purchased.
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Appeal from the Johnson District Court. The plaintiff sued the defendants for trespass, in entering upon, his land, and cutting and carrying away timber therefrom. The plaintiff purchased the land of the executors of the will of James P. Carleton, deceased. The defendants justified under a license or contract with the same executors, made before the plaintiff purchased. They allege that the executors sold to said E. B. Thompson twenty-three hundred linear feet of standing timber, .at five cents per foot, for which a part of the consideration was to be, and was, paid down, and the balance was…
1Opinion of the CourtWoodward, J.
There was no error in the ruling of the court. This is not a case where the law requires the contract to be in writing. It is one where a part is reduced to writing, and a part is not; and where if is manifest that the writing does not constitute the whole, parol evidence is admissible to show the remainder. 2 Pars, on Contract, 61. Thus, when the subject matter, or persons, and the like, are not defined in. the writing, parol evidence is receivable to *76point them out. Pars, ut supra, 3; Ib. 148; Jackson ex dem. Van Vechten et al. v. Sill et al., 11 Johns. 201; Jackson ex dem. Lowell v.…
2Cases cited2 opinions
- Jackson ex dem. Van Vechten v. SillNew York Supreme Court · 1814
- Jackson ex dem. Lowell v. ParkhurstNew York Supreme Court · 1830
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