Daniels v. Bailey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The complaint alleged that on the 1st of October, 1873, plaintiff sold and delivered to defendant all plaintiff’s interest in the standing pine timber on a certain half-quarter section of land, for which defendant agreed to pay plaintiff $45; and that defendant cut and removed all said timber, but has refused, on demand, to pay any part of said sum.
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APPEAL from the Circuit Court for Portage County. The complaint alleged that on the 1st of October, 1873, plaintiff sold and delivered to defendant all plaintiff’s interest in the standing pine timber on a certain half-quarter section of land, for which defendant agreed to pay plaintiff $45; and that defendant cut and removed all said timber, but has refused, on demand, to pay any part of said sum. The answer, afterga general denial, avers that, at the time of the alleged sale of the timber, plaintiff had no legal title thereto, and no right to sell and convey it; that the pretended sale, if…
1Opinion of the CourtRyan, C. J.
Before it was amended, the complaint was for the consideration of a sale of the respondent’s interest in the standing timber upon certain land. As amended after verdict, it is for the consideration of a sale of the respondent’s interest in a contract of sale of the standing timber. Whether of the one or of the other, the sale proved was by parol, wholly unexecuted; was equally the sale of an interest in land, *570and void under the statute of frauds. Strasson v. Montgomery, 32 Wis., 52; Young v. Lego, 36 id., 394; Richardson v. Johnsen, 41 id., 100.
By the Court. — The judgment is reversed, and…
2Cases cited1 opinion
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
3Cited by14 opinions
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Williams v. FloodMichigan Supreme Court · 1886
- Golden v. GlockWisconsin Supreme Court · 1883
- Dells Paper & Pulp Co. v. Willow River Lumber Co.Wisconsin Supreme Court · 1919
- Schaap v. WolfWisconsin Supreme Court · 1921
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