Owen v. Mariott

The trustee in bankruptcy has been substituted for defendant on this appeal. For purposes of convenience we will refer to defendant as though it were Simmons individually.

*324Plaintiffs as the owners and defendant as operator were parties to a timber cutting contract. The contract was executed in April 1957. It required defendant to remove- all of the timber from land owned by-plaintiffs before December 1, 1958. The contract also required defendant to deliver the better grades of logs to a United States Plywood Corporation mill. Defendant began Operation in May 1957. In early January 1958,…