Montague Corporation v. Burton Lumber Co.

Mr. Acting Associate Justice R. O. Purdy:

I concur in the result of the opinion of Mr. Justice Cothran; but I do not thereby assent to the suggestion of his Honor, Judge Shipp, that a tender could have been postponed, in the first instance, beyond July 4, 1912; agreeing with him, however, that the party in interest did all that was required to be done to preserve its rights.

Mr. Justice Watts:

This is an appeal from a decree of his Honor, Judge Shipp, for specific performance of a contract for the purchase of timber. The exceptions, twelve in number, raise the questions:

“(1) That there is no…