Long v. . Millerton Iron Company
New York Court of Appeals
This was an action to recover damages for the cutting and carrying away of certain timber. The parties' had made a contract for the sale of standing timber on lands described in the contract. On the trial plaintiff offered to prove acts, statements and declarations of .the parties at the time, and after the making of the contract, showing that the timber in question was not understood by the- parties to be covered by the contract. This was objected to and excluded.
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This was an action to recover damages for the cutting and carrying away of certain timber. The parties' had made a contract for the sale of standing timber on lands described in the contract. On the trial plaintiff offered to prove acts, statements and declarations of .the parties at the time, and after the making of the contract, showing that the timber in question was not understood by the- parties to be covered by the contract. This was objected to and excluded. Held no error ; that the contract was clear and unambiguous, and reserved none of the timber, and that, therefore, oral evidence…
1Opinion of the Court
Earl, J.,
reads for affirmance.
All concur, except Rapallo, Andrews and Danforth, JJ., dissenting.
J udgment affirmed.
2Cited by4 opinions
- Woodard v. FosterNew York Supreme Court · 1892
- Thomas v. ScuttNew York Supreme Court · 1889
- Morgenstern v. DavisNew York Supreme Court · 1891
- Lyon v. Plankinton BankSouth Dakota Supreme Court · 1902