Green v. Armstrong
Court for the Trial of Impeachments and Correction of Errors
Error to the Oneida common pleas. Green sued Armstrong before a justice of the peace in February, 1844, and declared for the breach of a verbal contract made in January, 1838, by which the defendant sold to the plaintiff twenty-two basswood trees standing on the defendant’s land, at the rate of one shilling and six pence per saw-log, said trees to be paid for when cut and carried away, the plaintiff being at liberty to cut and take them away at any time within twenty years…
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Error to the Oneida common pleas. Green sued Armstrong before a justice of the peace in February, 1844, and declared for the breach of a verbal contract made in January, 1838, by which the defendant sold to the plaintiff twenty-two basswood trees standing on the defendant’s land, at the rate of one shilling and six pence per saw-log, said trees to be paid for when cut and carried away, the plaintiff being at liberty to cut and take them away at any time within twenty years after the time of making the contract, averring that a part of the timber had been cut, taken and paid for, and that the…
1Opinion of the Court
By the Court, Beardsley, J.
A verbal contract was made between these parties, by which the defendant agreed to sell certain trees then standing and growing on his land, to the plaintiff, with liberty to cut and remove the same at any time within twenty years from the making of the contract. A part of the trees were cut and removed under this agreement, but the defendant then refused to permit any more to be taken, and for this the plaintiff brought his action in the justice’s court, where a judgment was rendered in his favor. On the trial of the cause the defendant objected to proof of such…
2Cases cited2 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Hartwell v. BissellNew York Supreme Court · 1819
3Cited by64 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Thomson v. . PoorNew York Court of Appeals · 1895
- Owens v. LewisIndiana Supreme Court · 1874
- Mott v. . PalmerNew York Court of Appeals · 1848
- Harris v. . FrinkNew York Court of Appeals · 1872
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