Massachusetts Supreme Judicial Court February 27, 1891 (Fletcher v. Livingston)

Knowlton, J.

It is well settled that a contract like that relied on by the plaintiff does not immediately pass a title to property, and is not a sale or a contract for a sale of an interest in land, but an executory agreement for the sale of chattels, to take effect when the wood and timber are severed from the land, with a license to enter and cut the trees and remove them.