Maney v. Andrews Tanning Extract Co.

There are two distinct groups of exceptions relied upon by the defendant. The first group of exceptions grows out of the fact that the plaintiff had no deed for the standing timber from which the wood was to be cut and delivered to the defendant. The defendant objected to all evidence as to the purchase made by plaintiff from Byrd and as to contracts which he made with parties to cut the wood from the boundary. These exceptions were based upon the theory that plaintiff could not acquire title to standing timber by verbal contract by virtue of the application of the statute of frauds. It will…