Marshburn v. Dickey

CATES, Judge.

Suit for breach of warranty of title on sale of standing timber. Verdict and judgment: for plaintiff with damages at $400.-51. Motion for new trial: overruled. Appeal from both judgments.

May 8, 1954, Dickey and Beech paid Mrs. Marshburn $279.51 by check. On it was the legend “By Endorsement This Check is Accepted in Full Payment of the Following Account For 9317 feet Pine Logs from E Yz of NW 1/4 of SE 14 Sec. 13-6-1 West. ‘Title Guaranteed.’ ” (Italicized matter printed, rest in pen and ink.)

Other than the- check there was no writing of the transaction.

December 10, 1959, the…