Ellis v. Clark
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that Edwin R. Paul made a promissory note dated May 2, 1870, payable on demand to the plaintiff, or order; “that said note was given to the plaintiff for a lot of standing wood which the plaintiff had bargained to said Paul, but of which he had given him no bill of sale, or agreement in writing; that in July 1870 said Paul had cut said wood and left it on the land of the plaintiff and was about to remove the same; that the plaintiff went to…
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Contract. The declaration alleged that Edwin R. Paul made a promissory note dated May 2, 1870, payable on demand to the plaintiff, or order; “that said note was given to the plaintiff for a lot of standing wood which the plaintiff had bargained to said Paul, but of which he had given him no bill of sale, or agreement in writing; that in July 1870 said Paul had cut said wood and left it on the land of the plaintiff and was about to remove the same; that the plaintiff went to said Paul and informed him that he was going to stop said wood, which he designed to do, and demanded security for said…
1Opinion of the CourtGbAY, J.
Upon the plaintiff’s declaration and testimony, it appears that he had made an oral agreement with Paul for the sale of the standing wood, and that Paul had cut all the wood and removed some of it. The title to the whole wood had vested in Paul, with an irrevocable license to enter upon the plaintiff’s land and carry away what remained thereon, and the plaintiff had no right by his own authority to forbid his doing so. Nettleton v. Sikes, 8 Met. 34. Hill v. Cutting, 107 Mass. 596.
We have great doubts whether upon the allegations in the declaration and the evidence introduced at the trial, it…
2Cases cited1 opinion
- Hill v. CuttingMassachusetts Supreme Judicial Court · 1871
3Cited by17 opinions
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Lowell v. BickfordMassachusetts Supreme Judicial Court · 1909
- Howe v. TaggartMassachusetts Supreme Judicial Court · 1882
- Morris v. NortonCourt of Appeals for the Sixth Circuit · 1896
- Gross, Kelly & Co. v. BiboNew Mexico Supreme Court · 1914
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