(DOWNLOAD) "Bitter Root Creamery Co. v. Muntzer Et Al." by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Bitter Root Creamery Co. v. Muntzer Et Al.
- Author : Supreme Court of Montana
- Release Date : January 23, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
1. Logs and logging — Effect failure to acknowledge and record contract. Where owners of realty entered into written contract for sale of growing timber which granted buyers right to cut and remove timber thereon but such contract was not acknowledged, filed or recorded in office of county clerk and recorder, contract, of itself, gave no notice to prospective purchaser of realty. 2. Contracts — Courts must enforce contracts. Owners of property have the right to be foolish as well as wise, prodigal as well as provident and whichever they are, it is the business of the courts to enforce their contracts freely made and plainly expressed. 3. Logs and logging — Right to growing timber. Where buyers right to cut and remove timber but contract was not acknowledged, filed and recorded in office of county clerk and recorder, the contract created no interest in realty so as to pass title to growing timber. 4. Logs and logging — Constructive severance. The rule of constructive severance of timber from realty does not apply in Montana. 5. Logs and logging — Effect of parol contracts. Parol contracts for sale of growing timber do not convey an interest in the land, but are executory contracts for sale of the timber after severance, together with a license to cut and remove timber, and while such license is irrevocable as to that part of timber which has been severed it remains executory as to timber not yet severed, and is revocable at the will of the owner, by his death, or his conveyance of the land without reservation. 6. Logs and logging — Executory contract here. Here the buyers acquired only an executory contract for purchase of timber with a license to enter, cut and remove timber and subsequent conveyance of realty without reservation revoked such license and purchasers of realty without notice acquired title to standing timber, even though buyers had paid the full purchase price but had cut and removed only one-fourth of timber. Page 57