Burris v. Stepp

*270OpxwioN op the CouRT by

Judge Nunn

Affirming.

Appellants sued the appellee to recover damages for breach of contract. The contract was verbal, and by it appellants claim to have purchased of appellee a number of standing trees on a certain boundary of land described in the petition. They say that the trees were purchased in contemplation of immediate severance from the soil. The lower court sustained a demurrer to the petition and the question on this appeal is, whether a verbal contract of this character is enforcible

In Byassee v. Rees, 4 Met., 372, it was held that a sale of standing trees in…