Colcord v. Carr
Supreme Court of Georgia
License. Notice. Turpentine. Before Judge Kibbee. Dodge Superior Court. November Term, 1885. Carr brought an action of trespass against Colcord and Bacon, alleging that the defendants entered on certain land which the plaintiff held under a lease and used for malting turpentine, and by cutting down trees and. hauling them away destroyed his turpentine, etc. The defendants pleaded the general issue.
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License. Notice. Turpentine. Before Judge Kibbee. Dodge Superior Court. November Term, 1885. Carr brought an action of trespass against Colcord and Bacon, alleging that the defendants entered on certain land which the plaintiff held under a lease and used for malting turpentine, and by cutting down trees and. hauling them away destroyed his turpentine, etc. The defendants pleaded the general issue. There was no dispute that the plaintiff held the land under lease and was making turpentine there, nor that timber was cut they were members. They claimed, however, to have acted under permission…
1Opinion of the Court
Bleckley, Chief Justice.
1. An executory license to cut trees after the £:scrape” has been taken off, is modified by notice not to cut till the ££ stuff” has been removed.
2. Where the original license was by letter to a third person, and by oral communication from that person to the licensee, a subsequent modification by parol would be effective.
It is very apparent that this whole controversy has grown out of not paying sufficient attention to the difference between££ scrape” and “ stuff.” It was the intention, the deliberate purpose of the plaintiff, I have no doubt, to *107allow the cutting of…
2Cited by3 opinions
- Morgan v. PerkinsSupreme Court of Georgia · 1894
- Millson v. LaughlinCourt of Appeals of Maryland · 1958
- Millson v. LaughlinCourt of Appeals of Maryland · 1958