Oberling v. Miller

ELLIS, Judge.

Plaintiff, the owner of certain timber lands, entered into a contract with the defendant covering the sale of all the pine timber upon plaintiff’s lands 12 inches in diameter and up, 12 inches from the ground, and all hardwood 10 inches in diameter at 16 inches. Cedar and Pecan trees on the property were specifically excluded, and there was a further provision these were not to be cut or destroyed in any manner. Another provision bound the defendant to repair any fences that were destroyed or damaged in removing the timber. The contract was dated October 6, 1951 and the defendant…