Killmore v. . Howlett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, entered upon an order denying motion for a new trial and directing judgment for plaintiff upon a verdict. This action was brought to recover damages for the breach of a parol contract.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, entered upon an order denying motion for a new trial and directing judgment for plaintiff upon a verdict. This action was brought to recover damages for the breach of a parol contract. In January, 1864, the defendant being the owner of about eighteen acres of wood-land in that county, entered into a parol agreement with the plaintiff, by which the defendant agreed, in consideration that the plaintiff would pay him therefor five dollars per cord, to commence at once and cut the trees then standing and…
1Opinion of the Court
Gray, C.
If the standing trees upon the lot, which by the contract were to have been cut by the defendant and made into cord-wood, and delivered by him to the plaintiff at Syracuse, had, instead of the wood to be made therefrom, been sold in their standing condition, “ rooted in the soil,” the right of the plaintiff to enter and fell them, and make them into wood, would have been a sale of an interest in the land, and without being evidenced by writing would have been void. (Green v. Armstrong, 1 Denio, 550, 553 et seq.) This was not a sale of the trees in their standing condition, but rather…
2Cases cited1 opinion
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by10 opinions
- Owens v. LewisIndiana Supreme Court · 1874
- Ives v. RailroadSupreme Court of North Carolina · 1906
- Stagner v. StaplesMissouri Court of Appeals · 1968
- Fox v. . FitzpatrickNew York Court of Appeals · 1907
- McVey v. United Timber & Kaolin Ass'nCourt of Appeals of Texas · 1925
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