Wanser v. Messler

The Chief Justice.

This was an action of assumpsit for the price of certain wood and timber, purchased by the plaintiffs in error of the defendant, Messier, under an agreement in writing between the parties, by which the Wansers purchased of Messier all the wood from the upper part of that tract of land known as the- Ogden farm, commencing and running in a straight line from Van Arsdale farm to the farm belonging to William and Abraham Messier, containing one hundred or more acresy at the rate of thirty-two dollars and fifty cents per acre.-

On a survey of the land, it appeared the plaintiff…