Fowler v. McPhee

The brevity of the testimony occasions ns some difficulty in stating the controversy. We can find enough to state the *186issue which ought to have been tried and point out the course which must be pursued on the subsequent trial.

MePhee & McGinnity were lumber dealers in Denver. McAlpine had a contract with the Maxwell Land Grant Company to cut annually a certain number of trees on the grant, paying that corporation for the timber according to the stumpage. There was no specified time within which any part of the amount other than the annual limit should be cut. McAlpine had some arrangement with…