Young v. Lego
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. The complaint stated, in substance, that on or about September 1, 1871, plaintiff sold to defendant .the undivided one-half of all the timber upon certain lands described, for which defendant agreed to pay seventy-five cents for each thousand feet, board measure, so soon as the same should be cut, and that plaintiff had cut and removed a large quantity of said timber, and was indebted to the plaintiff therefor in the sum of…
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APPEAL from the Circuit Court for Chippewa County. The complaint stated, in substance, that on or about September 1, 1871, plaintiff sold to defendant .the undivided one-half of all the timber upon certain lands described, for which defendant agreed to pay seventy-five cents for each thousand feet, board measure, so soon as the same should be cut, and that plaintiff had cut and removed a large quantity of said timber, and was indebted to the plaintiff therefor in the sum of $925. The answer contained a general denial, and alleged, that on September 29, 1871, plaintiff and his wife, in…
1Opinion of the CourtRyan, C. J.
We need not consider the question argued in this case, of the validity of the parol contract for the sale of growing timber, by the respondent to the appellant, on which the action is founded. For the purposes of this decision, we shall deal with it as a valid contract.
It was a sale of an interest in the land on which the timber was growing. Strasson v. Montgomery, 32 Wis., 52. That interest was merged in the fee, on the subsequent conveyance of the land by the respondent to the appellant. 2 Black., 177; Smith v. Lewis, 20 Wis., 350. And the merger extinguished the contract. Haggerty v.…
2Cases cited3 opinions
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Smith v. LewisWisconsin Supreme Court · 1866
- Creigh v. BeelinSupreme Court of Pennsylvania · 1841
3Cited by8 opinions
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Golden v. GlockWisconsin Supreme Court · 1883
- Lillie v. DunbarWisconsin Supreme Court · 1885
- Seymour v. CushwayWisconsin Supreme Court · 1898
- Keystone Lumber Co. v. KolmanWisconsin Supreme Court · 1896
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