Western Woods Products Company v. Bagley

WILLIAMS, Justice.

W. R. Flock and J. A. Smith, a partnership doing business as the Western Woods Products Company of Alto, Texas, the defendants below, on October 22, 1952, leased and received delivery from plaintiff, W. D. Bagley, the owner, one certain piece of machinery and attachments known as a Newman (sawmill) Planer. The lease agreement of above date, evidenced in writing, provided for payment of rentals to lessor based on number of feet of lumber lessees planed on the machine. Sections 4 and 6 of this agreement provide that:

4. “Lessee also will keep all and singular the said planer…