Fletcher v. Livingston
Massachusetts Supreme Judicial Court
Tort, against Everett Livingston, and J. B. Crawford, administrator of the estate of Louisa Fletcher, in three counts, the first for the sale by Crawford and the purchase by Livingston of land upon which was standing wood and timber alleged to belong to the plaintiff; the second for a conversion of the wood and timber ; and the third for breaking and entering the plaintiff’s close and taking away the wood and timber.
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Tort, against Everett Livingston, and J. B. Crawford, administrator of the estate of Louisa Fletcher, in three counts, the first for the sale by Crawford and the purchase by Livingston of land upon which was standing wood and timber alleged to belong to the plaintiff; the second for a conversion of the wood and timber ; and the third for breaking and entering the plaintiff’s close and taking away the wood and timber. At the trial in the Superior Court, without a jury, Hammond, J. found the following facts. On March 1,1886, the intestate agreed in writing, for a valuable consideration, to sell…
1Opinion of the CourtKnowlton, J.
It is well settled that a contract like that relied on by the plaintiff does not immediately pass a title to property, and is not a sale or a contract for a sale of an interest in land, but an executory agreement for the sale of chattels, to take effect when the wood and timber are severed from the land, with a license to enter and cut the trees and remove them. Such a contract, if oral, is not within the statute of frauds, and its construction is the same as if it were in writing. Claflin v. Carpenter, 4 Met. 580. Giles v. Simonds, 15 Gray, 441. Drake v. Wells, 11 Allen, 141. Hill v. Hill,…
2Cases cited2 opinions
- Hill v. HillMassachusetts Supreme Judicial Court · 1873
- United Society v. BrooksMassachusetts Supreme Judicial Court · 1888
3Cited by18 opinions
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- Kennedy Stave & Cooperage Co. v. Sloss Sheffield Steel & Iron Co.Supreme Court of Alabama · 1902
- Emerson v. ShoresSupreme Judicial Court of Maine · 1901
- Paine v. Assessors of WestonMassachusetts Supreme Judicial Court · 1937
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