Voss v. Roach

This is a suit for the recovery of the sum of $350.00 paid by plaintiff to defendant as consideration for the purchase of certain timber on the property then owned by defendant. Subsequent to the sale of the timber defendant sold the property to a third party, neglecting to except the timber in the act of conveyance.

The facts, which are undisputed, are that plaintiff, J.P. Voss, doing business under the name of J. P. Voss Lumber Company, by written instrument dated March 2, 1943, purchased all the standing and growing timber eight inches in diameter and up on a certain eighty-acre tract of…