Westmoreland v. . Lowe

It was admitted in the pleadings that plaintiffs and defendants had by parol agreed to an exchange of tracts of land. Plaintiffs agreed to convey to defendants a tract of 58 acres, and defendants agreed to convey to plaintiffs a tract of 8.83 acres. In addition $1,200 was to be paid plaintiffs.

Plaintiffs alleged that it was agreed that defendants were to have the timber on the 8.83 acres, and plaintiffs were to have or reserve the timber on the 58 acres, but defendants denied that there was any agreement for plaintiffs to reserve or, after conveyance, have right to cut the timber on the 58…