Lee v. Hawks
Mississippi Supreme Court
From tbe circuit court of He Soto county. HoN. James T. Faítt, Judge. On August 7, 1889, tbe appellant, Lee, by contract in writing, leased to Hawks certain land for tbe term of three years. Under tbe contract Hawks was to cut and use tbe growing timber on a part of the land, and was to have the privilege of cultivating the land so cleared during bis term.
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From tbe circuit court of He Soto county. HoN. James T. Faítt, Judge. On August 7, 1889, tbe appellant, Lee, by contract in writing, leased to Hawks certain land for tbe term of three years. Under tbe contract Hawks was to cut and use tbe growing timber on a part of the land, and was to have the privilege of cultivating the land so cleared during bis term. About eight months after the lease was executed, the parties got into a controversy.' Lee charged that Hawks had destroyed some shade trees on the place, and had violated the terms of the lease. He employed an attorney to bring a suit for…
1Opinion of the CourtWoods, J.
It may be admitted that a contract for the sale of growing timber is within the statute of frauds, and must be in writing, but this *671does only touch the point involved in the ruling of the court below by which the parol evidence offered was excluded.
This suit is for the recovery of damages for trespass in cutting certain trees on lands belonging to plaintiff, and is not an action on a contract required to be in writing. The contract of lease, under which defendant tvent into possession of the premises for a term of three years, was read to the jury in the examination of the plaintiff on the…
2Cases cited1 opinion
- Swain v. SeamansSupreme Court of the United States · 1870
3Cited by9 opinions
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- McDonnell Const. Co. v. Delta & Pine Land Co.Mississippi Supreme Court · 1932
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