Grogan-Cochran Lumber Co. v. McWhorter

•WADKER, J.

Appellee in this case thus pleaded his cause of action: He alleged that in the year 1919 he sold to Fred Neidigk “all the pine mill timber now standing and growing” upon certain land owned by him in Montgomery county, Tex., pleading the conditions of the deed, which, in heee verba, was made a part of his petition; that Nei-digk assigned his interest in this deed to appellant; that he and appellant entered into an extension agreement extending the time in which the timber was to be removed upon the conditions of the original deed and upon a new consideration; that appellant entered…