Kleinpeter v. Connell

Plaintiff owns a tract of land situated in the parish of East Baton Rouge, on which was standing a quantity of hardwood timber. Through the land there runs a small stream known as Ward’s Creek. C. S. Witty, who made a business of buying, cutting, and hauling timber, entered into an agreement with plaintiff, whereby he was to sell and deliver to the Standard Box Company the hardwood situated on plaintiff’s land, plaintiff to receive a stumpage price of $4 for the timber situated north of Ward’s Creek and $5 for that situated south of the same creek.

Plaintiff had no confidence in Witty’s…