Hayes v. Gregory
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edgar Gregory, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 22d day of May, 1918, upon a decision of the court after a trial before the court without a jury.
1Opinion of the Court
Cochrane, J.:
The judgment under review restrains the defendant from cutting timber on premises now owned by the plaintiff and awards the plaintiff damages for timber previously cut.
In the year 1908 the defendant, at that time the owner of the premises in question, made a contract to convey the same, which contract contained this provision: “ Excepting and reserving all the soft wood timber poplar and basswood and evergreen, enter on property to get timber at any time and place.” This contract in the year 1912 was assigned to plaintiff. The contract price was $550, to be paid in annual…
2Cases cited2 opinions
- Decker v. HuntAppellate Division of the Supreme Court of the State of New York · 1906
- Gregg v. BirdsallNew York Supreme Court · 1866
3Cited by1 opinion
- Kiltz v. WhiteAppellate Division of the Supreme Court of the State of New York · 1921