Jenkins v. Lykes

Citations

• 19 Fla. 148

Syllabus

<p>1. Whore a sale of timber is made and the contract in writing gives the purchaser “reasonable time to cut” it, parol testimony tending to show that “reasonable time ” meant a stated time spoken of by the parties before signing the contract, is not admissible, as it would change the terms of the contract. What is reasonable time to cut the timber is a question of fact to be determined by the jury upon evideuce on that subject.</p> <p>2. When the Judge signing a bill of exceptions attests that a general exception was taken to the whole charge to the jury, and no specific exception was taken to any paragraph, the court on appeal will not notice errors in the chai-ge not specifically excepted to, unless the charge is erroneous as a whole. Parties should point out to the Judge the portions excepted to before the jury leave the box.</p> <p>3. A deed of land does not convey to the purchaser timber cut and lying on the ground.</p> <p>4. A parol sale of standing trees, though void as a sale of an interest in land, operates as a license to enter and cut the trees, and until revoked such license will estop the seller from suing in trespass or trover. Timber so cut is the personal property of the party buying and cutting the trees.</p> <p>5. A parol license to cut trees is revoked by a sale and conveyance of the land by the licensor to a third person.</p> <p>6. When a purchaser of land sues one having a license from the former owner to cut trees for cutting and carrying away timber-, he can recover only for such cutting and damage as was done to the realty after the delivery of the deed to the purchaser, and not for the value of timber jireviously cut but taken away after the deed.</p> <p>7. A., acting with the cons3nt of the owners of land, sold to J. the cedar standing or fallen to be cut on owners’ land, and in his own name in writing agreed to “defend him in the same.” After-wards A. purchased the land. Such purchase did not terminate the license to cut the cedar growing