(Download) "Sorensen v. Jacobson" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Sorensen v. Jacobson
- Author : Supreme Court of Montana
- Release Date : January 08, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
1. Logs and logging ? Statute of frauds, Parol contract. A parol contract for sale of growing timber does not convey interest in land but does imply a license to remove the same and on removal of logs there was past performance and not within statute of frauds. 2. Logs and logging ? Executory contract is revocable. License to enter on land and cut timber thereon is irrevocable as to that part of the timber which has been severed from the land, but while the contract remains executory, it is revocable at will of owner. 3. Logs and logging ? No revocation as to severed logs. Where buyer severed trees from the land pursuant to oral contracts to sever standing timber, seller could not revoke the buyers license as to the severed logs. 4. Logs and logging ? Severance creates personal property and logs may be removed. On severance of timber from soil under license, it becomes the personalty of the licensee, and he is entitled to remove it as his own, even though, after severance and before removal, the license is terminated by revocation, or by expiration of time limit. 5. Logs and logging ? Effect of incurring expenses on revocation right. Where expenses have been incurred by buyer under license authorizing him to cut standing timber, the license cannot be revoked either by the licensor or by the grantee of the licensor. 6. Constitutional law ? Due process. Due process extends to every case in which there is a deprivation of property and such deprivation may not be arbitrarily done but requires orderly proceeding with opportunity for hearing. 7. Trover and conversion ? Words and phrases "Conversion". "Conversion" is every unauthorized assumption of dominion over personalty in hostility to the right of the true owner. 8. Trover and conversion ? Damages. The detriment caused by wrongful conversion is presumed to be the value of the property at the time of its conversion with interest from that time and the questions to be tried relate to ownership and right of possession and a wrongful taking by defendant. 9. Logs and logging ? Defendant liable for conversion. Where plaintiffs, who had cut standing timber pursuant to oral agreement with defendant, arrived with trucks on defendants land to remove the logs to their sawmill, and defendant wrongfully and without authority exercised dominion and control over the logs and refused to permit plaintiffs to take away the logs, the defendant became liable for conversions of the logs. 10. Appeal and error ? Effect of erroneous instructions. Where action for conversion of logs was submitted to jury on - Page 149 erroneous instructions and on wrong principles of law applicable to the facts, and verdict for defendant was against the law, judgment would be set aside on appeal and plaintiffs would be granted a new trial.
 "Sorensen v. Jacobson" by Supreme Court of Montana * Book PDF Kindle ePub Free){kind=link}