Cross v. Churchill

-McGuire, in June, 1916, made a contract with the appellant in which he “sells and delivers” to the appellant “all the merchantable timber” on certain land, reserving the piles, poles and shingle bolts. The contract further provided:

“First.&emdash;The party of the first part sells the merchantable timber above mentioned for the price of $1.75 per thousand, and said $800 above mentioned in payment of the last 462,000 feet cut under the terms of this contract, but if for any reason party of the second part does not cut 462,000 feet of timber within the time specified in this contract, and no…