Lutz v. Currence

Ritz, J udge :

In this suit to recover damages for breach of an execu-tory contract by which certain timber was to be cut and manufactured into lumber, the court upon the trial of the case directed a verdict in favor of the defendant, and rendered the judgment of nil capiat thereon complained of upon this writ of error.

The defendants Rena U. Currence and Henry Currence, being the owners of a tract of 153 acres of land, upon which there was some merchantable timber, on the 9th of April, 1920, entered into a contract in writing with the plaintiff D. E. Lutz, by the terms of which they sold to…