Thacker Wood & & Manufacturing Co. v. Mallory

The opinion of the court was delivered by

Reavis, C. J.

Suit to cancel a contract. Plaintiff in October, 1900, was the owner of certain timber in section 16, township 18 N., R. 2 W., W. M. The timber was purchased from the state. The terms of the contract with the state required the timber to be removed within three years from the execution of the contract. The time expires April 5, 1903. In addition to the above facts, the complaint, in substance, alleges that plaintiff was a dealer and manufacturer of wood and timber. On the 1st of October, 1900, the following contract was entered into…