Ladda v. Hawley

Myrick, J.:

Plaintiff in his complaint alleged that defendant was indebted to him in a balance of $432.25 and interest, for 473,802 feet of *53pine timber, sold and delivered by plaintiff to defendant, at $1.25 per thousand.

Defendant, in his answer, denied the indebtedness, and averred that the only transaction the parties ever had concerning timber was, that plaintiff represented to defendant that he (plaintiff) was the owner of certain lands, and desired to sell to defendant the timber growing thereon; that, relying upon such representations, and believing them to be true, defendant agreed to…