St. Louis Cypress Co. v. Thibodaux

Citations

• 120 La. 834
• 45 So. 742
• 1907 La. LEXIS 673

Syllabus

<p>1. Logs and Logging — Sale of Growing Timber — Trees Not Removable.</p> <p>Where the time is given to remove trees growing on the land, they must be removed within the time stipulated.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Logs and Logging, § 11.]</p> <p>2. Same — Condition Broken.</p> <p>After the contract had been broken, plaintiff was without right to the trees it claims.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 33, Logs and Logging, § 11.]</p> <p>3. Same — The Trees Bought.</p> <p>The sale was made of all the trees that plaintiff would cut down and remove within the time stipulated in the contract.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Logs and Logging, § 11.]</p> <p>On Rehearing.</p> <p>4. Same — Constkuction of Contract.</p> <p>A -sale of all the cypress timber fit for sawmill purposes on a certain tract of land, for a cash price, with the exclusive right and privilege to cut and remove the same for a period of five years, is a conveyance of only so many trees as the purchaser may cut and remove within the time designated, the balance remaining the property of the vendor.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Logs and Logging, § 11.]</p> <p>6. Same — Removal of Timber.</p> <p>If the mere cutting of trees under such a contract can be construed in any case as entitling the purchaser to remove the same after the expiration of the time limit, such cutting must be done seasonably, and with the bona fide intention to remove the timber so cut within the period designated.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Logs and Logging, § 11.]</p> <p>Monroe, J., dissenting.</p> <p>(Syllabus by the Court.)</p>