Kennedy & Pike v. Phillips

1. In an action for the purchase-price of standing timber sold at so much “per 1000 feet cut therefrom” in which the complaint alleged and the answer admitted that it was agreed in the contract of sale “that the checking of the sawyer who manufactured said timber into lumber and the cheeking from the office of the said defendants were to be used in arriving at the amount due petitioner at each day of settlement,” and in the trial of which action the evidence authorized the inference that the defendants had kept no “cheeking” as required by the agreement, it was permissible for the plaintiff…