Gulf Yellow Pine Lbr. Co. v. Monk
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Trover by I-I. M. Monk against the Gulf Yellow Pine Lumber Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Trover by I-I. M. Monk against the Gulf Yellow Pine Lumber Company. From a judgment for plaintiff, defendant appeals. The evidence for the plaintiff tended to show that he purchased the land from one S. A. I). Ellis on which the timber -was cut, and that he went upon the land after the cutting of the' timber by defendant and measured timber that was cut, and that he kept an account of all the stumps which measured less than 12 inches in diameter at the point of cutting, and that the number of trees thus cut below the 12 inches…
1Opinion of the Court
SAYRE, J.-
The single complaint on this appeal predicates error of the rulings of the trial court in refusing the general affirmative charge to the defendant in the court below, appellant here. Defendant was the owner by assignment of a contract with plaintiff by which it had a right to cut all “merchantable” trees upon plaintiff’s land, “timber to cut 12 inches at the stump.” The evidence tended to support the contention that defendant had cut trees less than 12 inches in diameter at. the point of cutting. Appellant’s theory is that the stipulation quoted is meaningless and of none effect, or…
2Cited by9 opinions
- Nettles v. LichtmanSupreme Court of Alabama · 1934
- Jasper Land Co. v. Manchester SawmillsSupreme Court of Alabama · 1923
- Vandiver v. Byrd-Matthews Lumber Co.Supreme Court of Georgia · 1916
- Brown v. HuckabaaSupreme Court of Alabama · 1956
- W. T. Smith Lumber Co. v. JerniganSupreme Court of Alabama · 1914
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