McCathern v. O'Donnell & Co.

The opinion of the Court was delivered by

Mr. Justice; Bonham.

The appellant purchased from the respondent a tract of land. When the conveyance was delivered to him in October, 1934, plaintiff was informed that possession of the premises would not be delivered until January 1, 1935, to which he assented. He brings this action to recover damages, alleging that after he had agreed to purchase the tract of-land, and after he had purchased it, he notified defendant-that no timber or wood must be cut or moved, and that-none of the wire fencing or posts, or other fixtures, must be moved from the…