R. Burleigh & Sons v. Overton

Opinion of the Court by

Judge Miller

Reversing.

The appellant, R. Burleigh & Sons, incorporated, is engaged in manufacturing axe and pick handles from ash, oak, and hickory timber, at its factory at Dawson Springs, Ky.

The petition alleges that on or about March 25th, 1915, the plaintiff, Overton, orally sold to the appellant-all the ash timber suitable for making axe handles, on a tract of 80 acres of land in Christian county, known as the Bass land. The timber was to be straight grained and free from knots, and five inches and over in diameter, to be cut into blocks and delivered on the…