West Lumber Co. v. C. R. Cummings Export Co.

*548LANE, J.

This suit was instituted by O. R. Cummings Etxport Company, hereinafter called the Export Company, against the West Lumber Company, hereinafter called the Lumber .Company, to recover damages for the breach of an alleged contract for the sale of certain timber standing on four tracts of land situated in Polk county, Tex., belonging to said Lumber Company.

Plaintiff alleges that on or about the 16th day of September, 1913, plaintiff began negotiations with the defendant for the purchase of certain ash and cottonwood timber on a small tract of land in Polk county, Tex., near the mouth of…