Nelson v. Graff

Withey, D. J.

The testimony discloses that Nelson was owner of 160 acres of pine land, which in January, 187S, he agreed to sell by written contract to one Chandler for ,$4,800. Chandler paid at the time $1,200, and agreed to pay a like sum by November 16, 1878, Juno 16, 1879, and January 16, 1880, with interest. The vendor stipulated that Chandler should have possession of the premises, but it was stated that he should not cut or dispose of any timber standing on the land except as provided in the contract of sale. The provision governing timber-cutting was in the following words:

“And he is…