Hurley v. Horton

^ On March 12,1942, appellant Hurley sold to appellee Mays the white oak timber, ten inches and above, suitable for stave bolts, growing on approximately 300 acres, for the sum of $400, which was paid by check. In acknowledging receipt of the check appellant wrote: “You are to have a reasonable time to remove.”

No timber was cut until January 12, 1947, at which time a crew of men began cutting and removing the timber. Appellant protested that the time for cutting the timber had expired, and directed appellee to cut no more. When appellee continued cutting, appellant filed suit to enjoin liim,…