Nelson v. Lawson
Mississippi Supreme Court
From tlie circuit court of Tunica county. IIon. B. W. Williamson, Judge. Appellant, A. B. Nelson, was the owner of certain land, and made a verbal sale to Nelson & Perry of oak timber growing thereon. The agreed price was one hundred dollars, but there is a conflict in the evidence as to whether the sale included all the oak timber on the land.
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From tlie circuit court of Tunica county. IIon. B. W. Williamson, Judge. Appellant, A. B. Nelson, was the owner of certain land, and made a verbal sale to Nelson & Perry of oak timber growing thereon. The agreed price was one hundred dollars, but there is a conflict in the evidence as to whether the sale included all the oak timber on the land. After cutting and removing about forty thousand feet of the timber, and paying the sum of one hundred dollars, Nelson & Perry verbally sold to A. J. Lawson the rest of the growing timber, and received payment therefor. Lawson proceeded, over the…
1Opinion of the CourtCampbell, C. J.
The doctrine that the invalidity of a contract under the statute of frauds cannot avail after the execution of the contract has no place in this case. Even according to the version of the contract between Nelson and Nelson & Perry, given by the latter, it had been executed only to the extent of cutting what trees théy wanted, and removing and paying for them, and the right they could convey by a sale of trees standing on the land and not felled when they paid Nelson, depended on what right they had by their verbal contract for the trees. It is conceded to be law that, if the contract was…
2Cases cited1 opinion
- Harrell v. MillerMississippi Supreme Court · 1858
3Cited by7 opinions
- Johnston v. TommeMississippi Supreme Court · 1946
- Walton v. LowreyMississippi Supreme Court · 1896
- Lewis v. WilliamsMississippi Supreme Court · 1939
- Queen City Hoop Co. v. BarnettMississippi Supreme Court · 1921
- Dantzler Lumber Co. v. StateMississippi Supreme Court · 1910
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