Carl v. McDonald

On the 11th day of June, 1938, the appellant, John Carl, purchased a small sawmill near Stoneman’s Lake from appellee, R. F. McDonald, under a written conditional sales contract, which contract provided, among other things, that the price should be $650, payable in monthly payments of $108, either in cash or in lumber and if lumber was used in making the payments, the price of the lumber was to be $12 per thousand feet of good merchantable lumber. The first payment was due July 11,1938, and thereafter monthly payments to be made on the 11th day of each and every month.

The latter part of…