Pierce v. Banton
Supreme Judicial Court of Maine
On report. Tliis was an action of assumpsit in which there were four counts, two to recover damages for an alleged breach of a written contract, the third on an implied warranty of title, and the fourth for money had and received.
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On report. Tliis was an action of assumpsit in which there were four counts, two to recover damages for an alleged breach of a written contract, the third on an implied warranty of title, and the fourth for money had and received. They were all founded on a written permit to cut timber on lot 22 in the town of Medford, Penobscot County, given by the defendant Herbert J. Banton and the defendant Ada M. Fiske’s intestate, Fred J. Fiske, to Harry J. Bailey, the plaintiff’s assignor. The second count, treated by counsel as a count for breach of an implied warranty of title, is as follows: “Also,…
1Opinion of the CourtStrout, J.
Defendant Banton and Fred J. Fiske, now deceased, made a written agreement with Harry J. Bailey, by which Banton and Fiske authorized Bailey to enter upon certain lots of land, among them lot 22 south of and adjoining the Piscataquis river, in Medford, and cut and remove spruce, fir and pine timber, and pay therefor the stumpage mentioned in the agreement. The settled construction of contracts of this character is, that they are executory contracts to sell the timber after cutting, as personal property, coupled with a license to enter and cut. Emerson v. Shores, 95 Maine, 237.
Under this…
2Cited by3 opinions
- MacDonald v. Mack Motor Truck Co.Supreme Judicial Court of Maine · 1928
- Cook v. PollardCourt of Appeals of Georgia · 1935
- Seymour v. WS BOYD SALES COMPANYSupreme Court of North Carolina · 1962