18 Barb. 347 | N.Y. Sup. Ct. | 1854
The wood, for the burning of which this action was brought, was cut by the plaintiff in March or April, 1852, on the land of the defendant where it was burned, under a verbal agreement between the parties, whereby the plaintiff was to cut the wood and brush, and heap the brush, for the wood. There was some testimony tending to prove that the defendant gave verbal permission to the plaintiff that the wood might be drawn away the next winter by sleighing; and this may be treated as part of the agreement. This agreement was within the statute of frauds and void, as an agreement, but it operated as a license to the plaintiff to cut the wood, and probably was sufficient to vest a title in the plaintiff to all wood cut under it; no point having been made that the terms of the agreement were not complied with by him. (Pierrepont v. Bar
The judgment of the county court must be reversed, and that of the justice affirmed.
Johnson, Welles and T. R. Strong, Justices.]