64 REMEDIES FOR WASTE 



Where the purchaser has no right to possession, l or where 

 he is in possession merely by the acquiescence of the ven- 

 dor, 2 he can take timber only with the consent of the 

 vendor. 



Contracts for the sale of timber, or of land chiefly valuable 

 for its timber, often provide that there shall be no cutting 

 of timber until payment is made; 3 that none is to be cut 

 except for fuel or repairs ; 4 that proceeds of timber cut is 

 to be applied toward payment of the purchase price; 5 

 that there shall be no cutting after default in payments, 6 

 or that the purchaser shall hold as a tenant of the vendor. 7 

 If any of these restrictions is in the contract, an injunction 

 to retrain waste will be granted upon a violation of the 

 agreement. If the contract of sale authorizes the purchaser 

 to cut timber without restriction, the vendor cannot obtain 

 an injunction to restrain the cutting even though his se- 

 curity is imperiled. 8 



Grounds for a Refusal of an Injunction. The 



refusal of courts to grant injunctions to restrain the cutting 

 of timber on the ground that there is an adequate remedy 

 at law; 9 that the injury is merely threatened; 10 that 

 the plaintiff has shown no title; 11 or that the insolvency 

 of the defendant has not been averred or proved; 12 has 

 to a large extent been overcome by statutes which authorize 

 the issuance of injunctions upon a showing of certain facts 

 and the giving of a bond, without an establishment of the 



1. Phinney Land Co. v. Collidge-Schussler Co. 97 Minn. 20*. iOo N. W. 5o3. 



2. Cook v. Doolittle 5 Hun (N. Y.) 342. cf. Brewer v. Craig, 18 N. J. L. 214. 



3. Gumaer v. White Pine Lumber Co. 11 Idaho 591, 83 Pac. 771. 



4. Lesser v. Dame, 77 Miss. 798, 26 So. 961. 



5. Willis v. Adams, 66 Vt. 223, 28th Atl. 1033. 



6. Nelson v. Graff, 12 Fed. 389. 



7. Huddleston v. Johnson, 71 Wis. 336, 37 N. W. 407. cf. Jennison v. Stone, 33 Mich. 



99. 



8. Hoile v. Bailey 58 Wis. 434, 17 N. W. 322. 



9. Powers v. Heery, R. M. Chart. (Ga.) 523; Davis v. Reed, 14 Ind. 152; Green v. 



Keen, 4 Md. 98; Hamilton v. Ely 4 Gill. (Md.) 34; Bogey v. Shute 1 Jones EQ 

 (54 N. C.) 180; Thompson v. Williams 1 Jones Eq. (54 N. C.)176. 



10. Griffin v. Whine 10 Hun (N. Y.) 571. 



11. Wearin v. Munson 62 Iowa 466; See also Small v. Slocumb 112 Ga. 279, 81 Am. 



St. Rep. 50; Cox v. Douglass 20 W. Va. 175. 



12. Hihn v. Peck 18 Cal. 640; Gause v. Perkins 3 Jones Eq. (56 N. C.) 177, 69 Am. 



Dec. 728; McCormick v. Nixon 83 N. C. 113. Dunkart v. Rhinehart 87 N. C. 

 224. 



