Wilber v. Paine
Ohio Supreme Court
This case come before the Supreme Court, on a writ of error, at the May term, 1824, in the county of Jackson, Judges Hitchcock and Burnet being on the bench. . The facts were these: The defendant in error made a parol contract with one E. Shearer, that he (Shearer) should clear and fence a certain lot of ground, in consideration of which he should be permitted to raise on the premises a crop of corn.
Read the full summary
This case come before the Supreme Court, on a writ of error, at the May term, 1824, in the county of Jackson, Judges Hitchcock and Burnet being on the bench. . The facts were these: The defendant in error made a parol contract with one E. Shearer, that he (Shearer) should clear and fence a certain lot of ground, in consideration of which he should be permitted to raise on the premises a crop of corn. Shearer, in pursuance of the contract, took possession of the lot, cleared and fenced it, and raised his crop; but before it was gathered, he sold it to the plaintiff, Wilber, for a valuable…
1Opinion of the Court
By the Court :
The objection to the form of the action can not be maintained. The nature and object of the contract required that Shearer should be put into possession of the lot, which appears clearly to have been the fact. The sale by Shearer to Wilber transferred all his right in the crop, and if the contract had contained no stipulation in relation to the possession, it would nevertheless have transferred that right, as.far as was necessary to protect, gather, and remove the crop, which could not have been done without an entry on the premises. The sale of a growing, crop, without the…
2Cited by16 opinions
- Olympic Holding Co., L.L.C. v. ACE Ltd.Ohio Supreme Court · 2009
- Johnston v. GlancyIndiana Supreme Court · 1835
- Thies v. WheelockOhio Court of Appeals · 2017
- LHPT Columbus, L.L.C. v. Capitol City Cardiology, Inc.Ohio Court of Appeals · 2014
- Parker Motor Freight, Inc. v. Fifth Third BankCourt of Appeals for the Third Circuit · 1997
11 more not listed; retrieve them via the Exa API.