Carter v. Thorp

This litigation arises out of the following state of facts: In 1906 S. J. Myriek was the owner of three adjoining or contiguous tracts of land, known, respectively, as the “Barrett Place,” the “Butler tract” and the “Home Place,” *349situated in Southampton county, and containing in the aggregate about 400 acres. The standing timber upon these farms, of certain dimensions on the stump, was by verbal agreement entered into in October, 1906, sold by Myrick to T. H. Barrett,- Y. D. Thorp and W. D. Thorp jointly, to be cut and removed within a specified time, and a written contract pursuant to the…