Leonard v. Medford

Citations

• 85 Md. 666
• 37 L.R.A. 449
• 37 A. 365
• 1897 Md. LEXIS 77

Syllabus

<p>Sale of Growing Trees — Statute of Frauds — Acceptance and Receipt of Goods Sold.</p> <p>A sale of growing trees to be presently cut and removed by the vendee is not a sale of an interest in land within the fourth section of the Statute of Frauds.</p> <p>Where after an oral contract for the sale of growing trees to be felled by the buyer, the seller puts the buyer in possession of the land, pointing out the lines within which the trees are to be cut, and the latter does cut down part of the same, there has been a sufficient acceptance and receipt of part of the goods sold to take the case out of the seventeenth section of the Statute of Frauds, assuming that the contract is within that section.</p> <p>The delivery of goods sold may be either actual or constructive, and acceptance may be implied from the circumstances of the case. If the vendee does any act to the goods of wrong if he is not the owner, and of right if he is the owner, the doing of that act is evidence that he has accepted them.</p>