McCastle v. Scanlon

337 Mich. 122, 59 N.W.2d 114 (1953)

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McCastle v. Scanlon

Michigan Supreme Court
337 Mich. 122, 59 N.W.2d 114 (1953)

Facts

The Scanlons (defendants) owned a large, wooded parcel of land. The Scanlons verbally entered into an agreement with George McCastle (plaintiff), a manufacturer and seller of lumber, allowing him to enter their land and cut and remove timber. Specifically, the agreement permitted McCastle to cut and haul away all trees on the Scanlons’ property suitable for lumber, either standing or lying on the ground, for a period of one year. Later, McCastle sold his right to cut timber on the Scanlons’ property to Morse. When Morse entered the property and tried to cut timber, the Scanlons would not let him. The Scanlons then barred McCastle from cutting timber on their property, telling him that his rights had been revoked. McCastle sued the Scanlons, claiming that the agreement between the parties was an irrevocable conveyance of standing timber, which the Scanlons had breached. The Scanlons claimed that the agreement was a license to enter their property to cut and remove timber and that they were within their rights in revoking the license. The jury found for McCastle, and the Scanlons appealed the verdict.

Rule of Law

Issue

Holding and Reasoning (Carr, J.)

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