Montague Corporation v. Burton Lumber Co.

The opinion of the Court was rendered by

Mr. Justice Cothran.

The action is for the specific performance of a contract entered into between the Montague Corporation and the E. P. Burton Number Company, dated December 28, 1920, whereby the Montague Corporation agreed, upon certain terms, to sell to the Burton Company the timber rights in certain lands. The Burton Company questioned the ability of the Montague Corporation to convey a good title, expressing its willingness, however, to comply if this could be done. The owner of the fee, J. J. Pringle Smith, was made a party to the suit. He…