Vandermeer v. Belk

On September 7,1948, W. H. Jones and wife, being the owners of a certain tract of 1,022% acres of land on Hartstine Island, entered into a contract of sale thereof with Harry W. Smith and A. C. Belk as buyers. The contract contained the following “clause”:

“ . . . buyers are to be permitted to remove timber from above property, but buyers agree that purchasers of timber will pay the purchase price directly to sellers until full purchase is paid ...”

The contract contemplated the removal of timber by the purchasers without restrictions as to kind or amount, even though the sellers retained the…