Clark v. Guest
Ohio Supreme Court
Error to the Circuit Court of Ashtabula County. At the time of the date thereof, Stanley Clark signed and delivered to J. M. Sirrine the follow ing written instrument: “Cherry Valley, O., January 1, 1890. “I, Stanley Clark, having bought a farm of J. M. Sirrine, have agreed that he shall have all the saw timber suitable for lumber, except the hard maple, to be cut and taken off before the first day of April 1891. (Signed) ‘ ‘Stanley Clark. ’ ’ Afterward Mr. Sirrine assigned…
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Error to the Circuit Court of Ashtabula County. At the time of the date thereof, Stanley Clark signed and delivered to J. M. Sirrine the follow ing written instrument: “Cherry Valley, O., January 1, 1890. “I, Stanley Clark, having bought a farm of J. M. Sirrine, have agreed that he shall have all the saw timber suitable for lumber, except the hard maple, to be cut and taken off before the first day of April 1891. (Signed) ‘ ‘Stanley Clark. ’ ’ Afterward Mr. Sirrine assigned and delivered said instrument to said Charles Guest. Before April 1, 1891, said Charles Guest cut and ' carried away…
1Opinion of the CourtBurket, J.
The only question worthy of consideration in this case is, whether the verbal extension of the time within which to cut and take off the timber, is within that part of section 4199, Revised Statutes, which provides, that “No action shall be brought whereby to charge the defendant upon any contract or sale of- lands, tenement or hereditaments, or any interest in, or concerning of them, unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing, and signed by the party to be charged therewith, or some other person thereunto by him or her lawfully…
2Cases cited3 opinions
- Wait v. BaldwinMichigan Supreme Court · 1886
- Rich v. ZeilsdorffWisconsin Supreme Court · 1868
- Martin v. GilsonWisconsin Supreme Court · 1875