White & Hamilton Lumber Co. v. Foster

Foster sued White and Hamilton for $1300, the alleged purchase-price of 300,000 feet of timber and $100 for one hundred cords of ash timber at $1 per cord. His action was based upon a contract attached to the petition. In this contract it was agreed “that if, at the expiration of the period over which this contract extends, there is left standing on said land any pine or poplar timber of the dimensions hereinabove set out [6x6 in.], the party of the second part is to pay the party of the first part for said timber at the contract rate as hereinabove set forth.” A previous provision of the…