Walston v. . Lowry

Subsequent to the institution of this action and before the trial thereof A. B. Walston took a voluntary nonsuit, and the defendant R. C. Lowry, Sr., died and his executrix, Mrs. Polly Lowry, was made a defendant and filed answer.

The plaintiffs alleged that R. 0. Lowry, Sr., by parol, “agreed to sell to said partnership (composed of the plaintiffs P. E. Walston and Guy M. Wood) all of the pine logs to be cut by him from said tract at the price of eleven dollars per thousand feet f. o. b. trucks on the Oounty road, defendant stating that he was going to cut and sell the logs therefrom,” and…