Parham v. Robins

Duckworth, Justice.

The controlling question in this case is the meaning of the term “merchantable timber” as the same appears in the timber-lease contract under which the defendants claim the right to cut and remove trees as small as four inches in diameter for pulpwood. In 17 R. C. L. 1094, § 21, it is said: “Contracts or deeds for the sale of standing timber frequently specify the size of the timber sold, but sometimes the term ‘timber’ is used without definition as to trees included within its scope, and where this is the case resort must be had to the definition of the term as well as to…