Ohio Pail Co. v. Cook

Citations

• 222 Pa. 487
• 71 A. 1051
• 1909 Pa. LEXIS 899

Syllabus

<p>Contract — Sale of timber — Conveyance of land — Equity—Specific performance — Personal act.</p> <p>Where a lumber company sells by an agreement in writing, all timber of certain species and of certain sizes, and by a second agreement all timber of a certain species without regard to size, and thereafter by a verbal agreement agrees to cut and haul the timber to the purchaser, and subsequently the lumber company sells the land to another person who has knowledge of the original agreement and the oral agreement, but not of the second written agreement, the vendee cannot be compelled to perform specifically the personal act of cutting and hauling the timber, and cannot be enjoined from converting to its own use the timber on land which the lumber company had acquired after the date of the original agreement, and this is the case although the lumber company had made no distinction between before and after acquired lands in delivering timber to the purchaser thereof.</p>