Lee v. Hawks

Citations

• 68 Miss. 669

Syllabus

<p>1. Statute oe Frauds. Written contract. Parol waiver of stipulation.</p> <p>In cases within the statute of frauds an action cannot he maintained upon a contract not in writing; hut in a controversy between parties to a written contract, an executed parol agreement to waive a particular provision in the contract may he shown.</p> <p>2. Same. Waiver of right to cut timber. Damages.</p> <p>One in possession of land under a written lease for a term of years, who has the right hy the contract to cut timber, but who, for a valuable consideration, waives this right, is liable in damages for timber afterwards cut on the land, though the waiver is by parol. The statute of frauds is no answer to the action.</p>