Penn v. Texas Yellow Pine Lumber Co.

PLEASANTS, Associate Justice.

Appellant brought this suit against the appellee to enforce specific performance of the following contract for the sale of land:

“Houston, Texas, December 6, 1902.

“Mr. John C. Penn: I agree to convey to you the 6100 acres under consideration, in Tyler County, for $1.62% per M. feet for the standing timber on said land; one-third cash, one-third in one year, and one-third in two years, vendor’s lien and 6 per cent interest; you to appoint an estimator and I one, and they to agree, and should they fail to agree they to appoint a third, whose decision shall be final,…