Barnhill v. Moore

OPINION

NYE, Chief Justice.

This is an appeal in a breach of a written contract suit. Robert P. Barnhill, appellant, had a contract to clear some land that was to be used for a dam project. Bill Moore, plaintiff below and appellee herein, entered into a contract whereby he paid appellant for the right to remove the marketable timber. After appellee had cut the marketable timber from approximately two-thirds (¾) of the land in question, he was advised by an engineer for the Department of Interior not to cut in a certain area until boundary lines for a park site had been established. When the…