Conder v. Ledford

Opinion op the Court by

William Eogers Clay, Commissioner

Affirming.

Plaintiff:, P. B. Ledford, sold to defendants, P. M. Conder and B. D. Holtzclaw, the merchantable timber on two tracts of land lying in Powell county, Kentucky, for the sum of $2,800, of which sum $600 was to be paid in cash, and the balance in four equal installments evidenced by notes maturing four months apart. The contract contained the following provision:

“The party of the first part warrants and defends that the second party has suitable roadways to remove the aforesaid timber. ’ ’

Plaintiff brought suit on the notes and…