Curtis v. Deepwater Railway Co.

Miller, Judge:

In a suit in assumpsit against the railway company plaintiff sought to recover the purchase price of certain timber on a tract of thirty-five acres in Raleigh county, sold by contract in writing, dated February 3, 1904. The defendant appeared, and pursuant to section 1, chapter 107, Code 1906, filed its affidavit, admitting the correctness of the amount sued for under said contract, but affirming that said timber and the purchase money therefor were claimed by H. H. Harper, the plaintiff in error; that it was not colluding with said Harper, and was ready--to pay or dispose of…