Antoine Lumber Co. v. Southern Bag & Paper Co.

Plaintiff sold to Hodge-Hunt Lumber Company “all of the timber that can and will be removed as saw logs” from a certain 240 acres of land. Thereafter the lumber company sold to defendant “all the merchantable saw log timber” on said tract.

The defendant, after removing all the saw-logs on said tract, then proceeded to cut cross-ties from said lands and remove the pulp wood therefrom.

This is a suit to recover from defendant the value of said cross-ties and pulp wood and damages to said land at the rate of $7.60 per acre.

The trial judge found that the defendant ■had removed 982 cross-ties and…