Pennington v. Avera
Supreme Court of Georgia
Complaint. Before Judge Holden. Jefferson superior court. July 4, 1905. Avera brought suit against Pennington upon a promissory note.
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Complaint. Before Judge Holden. Jefferson superior court. July 4, 1905. Avera brought suit against Pennington upon a promissory note. The defendant filed a plea alleging, that the plaintiff by a written-contract sold to the defendant all the timber upon three hundred acres of land, the consideration being that defendant was to pay $1,800 and saw for plaintiff 10,000 feet of lumber; $1,200 has been paid, and the 10,000 feet of lumber delivered; the defendant under his contract had twelve months within which to remove the timber purchased; after cutting the trees the plaintiff had prevented him…
1Opinion of the CourtCobb, P. J.
1. “Timber” is not a word of invariable meaning. It may be used to designate wood suitable for building houses or ships, or for use in carpentry, joinery, etc., or trees cut down and squared, or capable of being squared, or cut into beams,• rafters, boards, etc., or growing trees suitable for constructive uses, or trees generally, or woods, or a single piece of wood, whether suitable for use in some construction, or already in use. Century Diet. Or the body, stem, or trunk of a tree. Bouv. Diet., Bawle’s Eevision.
‘The meaning to be given to the term depends upon the connection in which it is…
2Cases cited4 opinions
- Wolff v. SampsonSupreme Court of Georgia · 1905
- Richards v. GilbertSupreme Court of Georgia · 1902
- United States v. StoresUnited States Circuit Court for the Southern District of Florida · 1882
- Martin v. PeddySupreme Court of Georgia · 1904
3Cited by11 opinions
- Dorsey v. ClementsSupreme Court of Georgia · 1947
- Nettles v. LichtmanSupreme Court of Alabama · 1934
- Neal Lumber & Manufacturing Co. v. O'NealSupreme Court of Georgia · 1932
- Reynolds v. WingateSupreme Court of Georgia · 1927
- Parham v. RobinsSupreme Court of Georgia · 1944
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