Schaap v. Wolf
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county. Michael Kibwan, Circuit Judge. Action to recover damages for refusal to permit plaintiff to enter certain lands and cut the standing timber thereon.
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Appeal from a judgment of the circuit court for Sheboy-gan county. Michael Kibwan, Circuit Judge. Action to recover damages for refusal to permit plaintiff to enter certain lands and cut the standing timber thereon. December 18, 1916, the defendant Wolf owned the land and entered into a written unrecorded contract with the plaintiff permitting him to enter and cut all the standing timber thereon, all the timber to be removed before May 1, 1917. It further provided: “If Mr. Wolf still owns the farm next winter Mr. Schaap may have the privilege of removing timber at that time.” On May 29, 1917,…
1Opinion of the CourtVinje, J.
The defendant W-olf conténds that since the oral agreement of April 2, 1917, relates to an interest in land — standing timber, — it is void under the statute of frauds. Sec. 2302, Stats. The defendant Lindozv makes the same defense, and further claims that since his grantor, Heise, was a bona fide purchaser for value and without notice of the oral extension of time for the removal of the timber, he took as good a title as Pleise had and is therefore not liable, citing 2 Tiffany, Real Prop. 1095; Simon v. Kaliske, 1 Sweeny (N. Y.) 304; and East v. Pugh, 71 Iowa, 162, 32 N. W. 309. If the first…
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