Barney v. Jolly Hoop Co.

Opinion op the Court by

Judge Clarke

Reversing.

On March. 30, 1914, appellee and appellant entered into a written contract by the terms of which appellee purchased from appellant 500,000 feet of good, clear elm timber in the log, for which appellee agreed to pay $10.50 per thousand feet as the logs were received and measured. As part of the same contract appellee sold to appellant six yokes of oxen, a log wagon, yokes, etc., for $1,500.00, for which amount appellant executed his note, upon- which was to be credited an agreed; portion of the proceeds of each delivery of logs.

Operating under this…