Cannon v. King Lumber Co.

Where in a petition in a suit to recover for the price of timber which it was alleged the defendants cut and did not pay for, it appeared that the plaintiffs had contracted with a third person, as the owner of the land upon which the timber was located, to purchase the timber under a written contract by which it was agreed that if the plaintiffs failed to pay the balance due on the purchase-price by a named date the contract would be null and void and the cash payment forfeited to the owner, and that the owner afterwards extended the date of the payment of the balance due on the…