Jones v. Gantt

BROWN, Justice.

Action of assumpsit by the appellee against appellants, to recover a balance alleged to be due plaintiff on the purchase price of standing timber on a large tract of land sold and conveyed to the defendants.

The evidence shows that the agreed price was $2,500.00; $1,000 was paid in cash, and the balance was “to be paid * * * $5.00 per 1000 feet as is cut and loaded until said $1500.00 is paid in full,” the parties stipulating that the defendants, the grantees in the deed, “be allowed two years from the date thereof within which to cut and remove said timber.”

The plaintiff’s…