Tredwell v. Steele
New York Supreme Court
IN covenant, by which the defendant agreed that “ he w would neither cut, or carry off the premises, or suffer u to be cut and carried off by others, any timber but from M the lands which then were, or should thereafter be clear- “ ed,” the plaintiff laid his breach, that the defendant u did “ cut and cany off the premises, other than such parts of {C the same as the defendant had, or has yet cleared,, divers a large quantities of timber, &c. .and did also suffer divers…
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IN covenant, by which the defendant agreed that “ he w would neither cut, or carry off the premises, or suffer u to be cut and carried off by others, any timber but from M the lands which then were, or should thereafter be clear- “ ed,” the plaintiff laid his breach, that the defendant u did “ cut and cany off the premises, other than such parts of {C the same as the defendant had, or has yet cleared,, divers a large quantities of timber, &c. .and did also suffer divers other persons to cut and cany away off the premises, “ other than such parts as the defendant' had., or yet has M cleared\…
1Per curiam
The breach is clearly bad j the fact assigned may be true, and yet the defendant might under the covenant have lawfully taken the timber, as it might have been from land cleared by others.
2Cited by1 opinion
- Perry v. MiddletonSupreme Court of South Carolina · 1805