Barney v. Morris

Quillian, Presiding Judge.

Plaintiff, Samuel Barney, entered into an oral agreement with Lawton Morris, d/b/a Baxley Creosoting Company (Baxley), to cut and sell timber to Baxley. Baxley was to purchase a “timber jack” and a truck and turn them over to Barney to use in cutting and harvesting timber to be sold to Baxley. Baxley was to deduct $200 per week for payment of the timber jack, and $35 per week for payment of the truck, from payment for all loads of timber delivered to Baxley by Barney until the truck and timber jack were paid for.

Morris testified that the agreement was entered into in…