Gillespie v. W. A. Ransom Lumber Co.

WRIGHT, District Judge.

The third-party defendant entered into a contract with the plaintiff on October 1, 1953 “For the purpose of selling cypress timber” purchased by the third-party defendant from the Natalbany ■Lumber Company to the plaintiff. The agreement1 provided that the plaintiff *12would pay $35 per 1,000 feet for all down or dead timber to be found on tract in question, and $40 per 1,000 feet for standing or green timber. Under the agreement, the plaintiff was to remove the timber from the tract to a ramping ground provided by the third-party defendant where the logs were to be…