Waters v. Greenleaf-Johnson Lumber Co.

Avery, J.:

Whatever authority may have been given the defendant by the Legislature in its charter, it was not acting, or purporting to act, under the right of condemnation for public purposes, but by virtue of a contract between the plaintiff and Dennis Simmons, the benefit of which had been assigned by Simmons to the defendant, in which the plaintiff had sold and conveyed all of the “pine and poplar timber on said land, which would measure twelve inches in diameter sixteen feet from the ground, with the right for his train, tram road, wagons and employees to enter on said land and remove said…