Straley v. Fisher

*165In February, 1938, Goodloe Straley, the defendant in the lower court, entered into a verbal contract with Joseph C. Fisher, whereby Straley sold to Fisher all of the standing pine, oak, chestnut and maple timber and mine props on a twenty-five acre tract in Mercer county, West Virginia. Under the contract, Straley was to receive $5 per M log measure for pine, $3 per M for the other varieties of timber and lc per lineal foot for mine props. Payment was to be made by Fisher for the logs as they were measured at a sawmill approximately three miles from the tract, and for the mine props as they…