Martin Timber Co. v. Pegues

hPEATROSS, Judge.

This action involves a contractual interpretation of a timber agreement, captioned by the parties as a “Timber Sale and Lease,” and a determination of the effect of an untimely annual payment by plaintiff Martin Timber Company (“Martin”). Defendant William T. Pegues (“Pegues”) appeals a trial court judgment awarding Martin an additional 90 days to cut and remove specified timber from the tract of land. Determining the contractual agreement between the parties to effectuate both a lease and a sale and finding the doctrine of judicial control to be applicable, we affirm that…