Weaver v. Shimer

Opinion by

Gawthrop, J.,

This is an action in assumpsit on a written contract, by the terms of which plaintiffs sold to defendant all the standing timber on a certain tract of land at prices therein fixed, and defendant bought said timber and agreed to cut and remove it at a date named. From the judgment entered on the verdict for plaintiffs defendant has appealed.

At the trial plaintiffs offered in evidence the fifth paragraph of the statement of claim, which stated: “The said John W. Shimer has failed to account for the timber cut and removed, and cut by him, as shown by a statement hereto…