Martin Timber Co. v. Jean Lumber Co.

McCALEB, Justice.

This is a suit for a diminution in price resulting from a deficiency of the measure in a sale of standing timber. Plaintiff, a commercial co-partnership, alleges that, on July 17, 1952, it purchased by deed from the defendants, Jean Lumber Company, also a commercial co-partnership, and the individual members thereof, 1,470,496 feet of pine timber for the price of $58,819.84; that, under the provisions of the deed, it was given until December 31, 1953 to cut and remove the timber; that it discovered in June, 1953, when the cutting and removal was completed, that there was a…