Scarborough v. Calypso Veneer Company

The plaintiffs executed and delivered to the defendant a timber deed conveying certain standing timber on their lands. The agreed price was $20,000.00, which the defendant paid. The timber deed conveyed all timber upon the land measuring 10 inches or more at the stump 12 inches from the ground, and all laps, tops and slabs of the timber cut by the defendant of the size above specified. The timber of the size described and conveyed by the timber deed consisted of (1) timber suitable for saw timber, as pine, gum, oak and cypress, and (2) timber suitable for pulpwood. The defendant maintained…