Bradley Land & Lumber Co. v. Eastern Manufacturing Co.
Supreme Judicial Court of Maine
On exceptions by defendant. Trover brought by the plaintiffs against the defendant to recover the value of 9,555 spruce logs containing 869,470 board feet, alleged to have been converted by the defendant. These logs were cut by one Charles W.’ Mullen on the plaintiffs’ land, under a written permit, and by him were sold to the defendant. The defendant seasonably notified Mullen to come in and defend the action and he appeared and assumed the defense.
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On exceptions by defendant. Trover brought by the plaintiffs against the defendant to recover the value of 9,555 spruce logs containing 869,470 board feet, alleged to have been converted by the defendant. These logs were cut by one Charles W.’ Mullen on the plaintiffs’ land, under a written permit, and by him were sold to the defendant. The defendant seasonably notified Mullen to come in and defend the action and he appeared and assumed the defense. "The defendant pleaded the general issue and a brief statement setting up the title to the logs and lumber in Charles W. Mullen,” and also stated…
1Opinion of the CourtEmery, C. J.
The plaintiff land owners and Charles W. Mullen made an agreement in writing in the form known as a "permit,” by which Mullen was to enter upon certain timber land of the plaintiffs and cut and remove therefrom and drive to market certain kinds of timber, and pay therefor a fixed stumpage price per M. In the permit were various stipulations. Mullen was to cut all the burnt timber on the land during the lifetime of the permit, and all the burnt timber left uncut was to be scaled and was to be paid for by Mullen according to the terms of the permit. The stumpage was to be paid in full by July 1…
2Cases cited3 opinions
- Spoor v. Holland & HarlowNew York Supreme Court · 1832
- Ganong v. GreenMichigan Supreme Court · 1888
- White v. AllenMassachusetts Supreme Judicial Court · 1882
3Cited by3 opinions
- General Motors Acceptance Corporation v. AnaconeSupreme Judicial Court of Maine · 1964
- Jeffery v. SheehanSupreme Judicial Court of Maine · 1937
- Truitt v. Patten, SheriffUtah Supreme Court · 1930