Queen City Hoop Co. v. Barnett

Citations

• 127 Miss. 66
• 89 So. 819

Syllabus

<p>1. Frauds, Statute of. Contract for 'purchase of standing timber within statute.</p> <p>Standing timber is real estate, and therefore a contract for the purchase of standing timber is within the statute of frauds (section 4775, Code of 1906; section 3119, Hemingway’s Code), which provides, among other things, that no action should be brought whereby to charge a defendant upon any contract for the sale of lands, unless the contract be in writing and signed by the party sought to be charged, or by some person by Mm thereunto lawfully authorized.</p> <p>2. Frauds, Statute of. Contract for sale of standing timber must describe subject-matter directly or by reference; direct evidence of intention as to timber to be sold .held inadmissible.</p> <p>A contract for the conveyance of standing timber must define the identity and fix the locality of the subject-matter of the contract, either by complete description in the writing itself pointing out directly the subject-matter, or by reference to something aliunde the writing pointing with certainty to the property intended to be conveyed; and if reference is made to anything outside of the writing in aid of the description of the property, such reference must not be uncertain and doubtful; direct evidence of intention as contradistinguished from evidence to show the intent expressed in the writing is inadmissible.</p> <p>3. Feaubs, Statute of. Contract for purchase of standing timber held insufficient to identify subject-matter.</p> <p>A written contract for the purchase of standing timber, in which the timber is described as “this timber tract of yours;” “our elm and hackberry timber;” “the timber you own at Lorenzen;” “the elm stumpage we made arrangements to purchase from you located at Lorenzen, Mississippi;” “the timber we bought from you at Lorenzen;” and “in regard to the elm proposition we were figuring on at Lorenzen, Mississippi, we managed to dispose of our whole tract, shrub, including all elm and other timber”-