Wallace v. Kelly
Michigan Supreme Court
Appeal from Missaukee; Chittenden, J. Bill by William Wallace against Darwin B. Kelly to restrain the removal of certain timber. Defendant filed an answer in the nature of a cross-bill to quiet title to said timber. From a decree dismissing the bill, and granting the prayer of the cross-bill, complainant appeals.
1Opinion of the CourtCarpenter, J.
December 20, 1899, complainant en*337tered into a written contract whereby, for the consideration of $750 then paid, he sold “to the Cromwell Lumber Company the maple timber * * * that will make logs down to eleven inches in diameter ” then standing on certain described lands. It was further agreed that “all timber unsuitable for merchantable saw logs * * * [should] be left,” and “the Cromwell Lumber Company * * * [was] given till the spring of 1902 to remove said timber.” Before that time expired complainant and said Cromwell Lumber Company orally agreed that the latter might have further time…
2Cases cited4 opinions
- Hodges v. BuellMichigan Supreme Court · 1903
- Williams v. FloodMichigan Supreme Court · 1886
- Russell v. MyersMichigan Supreme Court · 1875
- Green v. BennettMichigan Supreme Court · 1871
3Cited by7 opinions
- Baker v. KenneySupreme Court of Iowa · 1910
- Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
- McCastle v. ScanlonMichigan Supreme Court · 1953
- Gray Lumber Co. v. HarrisCourt of Appeals of Georgia · 1910
- Hapke v. DavidsonMichigan Supreme Court · 1914
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