Daniels v. Bailey

Decided January 15, 1878

Wisconsin Supreme Court · decided 1878-01-15

The complaint alleged that on the 1st of October, 1873, plaintiff sold and delivered to defendant all plaintiff’s interest in the standing pine timber on a certain half-quarter section of land, for which defendant agreed to pay plaintiff $45; and that defendant cut and removed all said timber, but has refused, on demand, to pay any part of said sum.

Good law ✅— No negative treatment on recordhow we know

Decided 1878-01-15

How this case has been cited

Cited by 11 later decisions — most recently October 1953

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ryan, C. J.

¶1Before it was amended, the complaint was for the consideration of a sale of the respondent’s interest in the standing timber upon certain land. As amended after verdict, it is for the consideration of a sale of the respondent’s interest in a contract of sale of the standing timber. Whether of the one or of the other, the sale proved was by parol, wholly unexecuted; was equally the sale of an interest in land, *570and void under the statute of frauds. Strasson v. Montgomery, 32 Wis., 52; Young v. Lego, 36 id., 394; Richardson v. Johnsen, 41 id., 100.

¶2By the Court. — The judgment is reversed, and the cause remanded to the court below for further proceedings according to law.