Coleman v. Kelley

Opinion of the Court by

Judge Thomas

Granting the appeal and reversing the judgment.

The appellees and plaintiffs 'below, Kelley and wife, sued the appellants and defendants below, U. G. Coleman and Company, a partnership, to recover the sum of $300.00 alleged to be due as the balance of the purchase price for standing timber on a tract of land owned by plaintiffs jointly, as alleged in the petition. It was *40further alleged, that defendants, under the contract of purchase, were required to remove the timber within twelve months, but it was not averred that all of the timber had been removed, or…