Queen City Hoop Co. v. Barnett
Mississippi Supreme Court
Appeal from circuit court of Sunflower county. Hon. S. F. Davis, Judge. Action by the Queen City Hoop Company against Milton Barnett and others. Judgment of dismissal on demurrer, and plaintiff appeals. This is a suit by the appellant, Queen City Hoop Company, against the appellees, Cohn Bros. & Barnett, a partnership, for damages for the breach of an alleged contract of purchase by the appellant from the appellees of stump-age or standing timber.
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Appeal from circuit court of Sunflower county. Hon. S. F. Davis, Judge. Action by the Queen City Hoop Company against Milton Barnett and others. Judgment of dismissal on demurrer, and plaintiff appeals. This is a suit by the appellant, Queen City Hoop Company, against the appellees, Cohn Bros. & Barnett, a partnership, for damages for the breach of an alleged contract of purchase by the appellant from the appellees of stump-age or standing timber. Appellees interposed a demurrer to the declaration, which was sustained by the court below on the ground that the alleged contract for the purchase…
1Opinion of the Court
Anderson, J.,
delivered tbe opinion of tbe court.
(After stating the facts as above). Standing timber being a part of the real estate is within the statute of frauds (section 4775, Code of 1906; section 3119, Hemingway’s Code), as held by this court in Harrell v. Miller, 35 Miss. 700, 72 Am. Dec. 154; McKenzie v. Shows, 70 Miss. 389, 12 So. 336, 35 Am. St. Rep. 654; Nelson v. Lawson, 71 Miss. 819, 15 So. 798; Walton v. Lowrey, 74 Miss. 484, 21 So. 243; and Butterfield Lumber Co. v. Guy, 92 Miss. 361, 46 So. 78, 15 L. R. A. (N. S.) 1123, 131 Am. St. Rep. 540.
It was held in Bowers v. Andrews, 52…
2Cases cited12 opinions
- Bowers v. AndrewsMississippi Supreme Court · 1876
- Butterfield Lumber Co. v. GuyMississippi Supreme Court · 1908
- Harrell v. MillerMississippi Supreme Court · 1858
- McGuire v. StevensMississippi Supreme Court · 1869
- Holmes v. EvansMississippi Supreme Court · 1873
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3Cited by4 opinions
- Bernard v. BD. OF SUPV. JACKSON CTY.Mississippi Supreme Court · 1953
- Rowan v. RosenblattMississippi Supreme Court · 1949
- Hudson v. LandersMississippi Supreme Court · 1952
- Bernard v. BD. OF SUPV. JACKSON CTY.Mississippi Supreme Court · 1953