Mooers v. Wait
New York Supreme Court
This was an action of trover, tried at the Clinton circuit in j anuarv, 1828, before the Hon. Reuben Hyde Walwoeth, r . . . then one oí the circuit judges. the trial of the cause it appeared, that the plaintiff was the owner of a certain lot of land ; that on the 18th day of October, 1825, he entered into an agreement with John S. Frazer, whereby he demised to Frazer the west half of the l°t for the term of four years from the 15th day of June next, on condition, that Frazer…
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This was an action of trover, tried at the Clinton circuit in j anuarv, 1828, before the Hon. Reuben Hyde Walwoeth, r . . . then one oí the circuit judges. the trial of the cause it appeared, that the plaintiff was the owner of a certain lot of land ; that on the 18th day of October, 1825, he entered into an agreement with John S. Frazer, whereby he demised to Frazer the west half of the l°t for the term of four years from the 15th day of June next, on condition, that Frazer should pay to the plaintiff at the rate of #3 per acre, for the land demised, by installments, viz. one fiftft thereof…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It has been decided by this court, in the case of Suffern v. Townsend, (9 Johns. R. 35,) that an agreement to sell land does not imply a licence to enter and cut trees; and also that a licence to enter, would not authorize the cutting timber; for that one licence does not imply the other. In that case, theré was a parol con*107tract of sale and purchase, under which the defendant entered and cut timber ; but the contract was not consumated, and the plaintiff recovered in trespass for the timber cut while the defendant was in possession. The same point was again decided…
2Cited by41 opinions
- Kidd v. DennisonNew York Supreme Court · 1849
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Morgan v. VarickNew York Supreme Court · 1832
- United States v. LoughreySupreme Court of the United States · 1898
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