Andrus v. Eunice Band Mill Co.

FOURNET, Justice.

Plaintiffs filed suit against the Eunice Band Mill Company, Inc., successors to the Roy O. Martin Lumber Company, to recover the sum of $29,595.58, alleged to be the amount due them under a contract of sale of timber.

Defendant filed exceptions of no right or cause of action which were sustained by the trial judge and the plaintiffs’ suit was dismissed. The plaintiffs have appealed.

This suit is based on a contract dated November 5, 1926, under the terms of which plaintiffs sold all of the merchantable timber of certain kinds and dimensions suitable for sawmill purposes,…