Howser v. BEN DIERKS LUMBER CO., INC.

McAllister, j.

The trial court dismissed this action for lack of prosecution. Plaintiff appeals — we affirm.

On May 22, 1969, the plaintiff filed this action in Josephine County for damages sustained because defendant breached a contract with plaintiff. The plaintiff alleged that he agreed to sell to defendant the timber standing on certain land in Del Norte County, California. Plaintiff further alleged that to facilitate the removal of the timber he deeded the property to defendant on condition that defendant, after removing the timber, would reconvey the property to plaintiff. The defendant…