Whicker v. Wallace

Action by appellee against appellants to recover the purchase price of growing timber sold by appellee to appellants. The facts averred in the complaint, in substance, are: Appellee being the owner of certain timber entered into a contract with appellants by the terms of which they bought the timber at the price of $47.50 per one thousand feet, appellants to cut and remove the same; that, in accordance with the contract, appellants did cut and take possession of the timber, the total amount of which was seventeen thousand one hundred seventy-four feet, but have failed and refused to pay the…