Bauer Cooperage Co. v. Ewell

Opinion op the Court by

Judge Miller

Reversing.

This is tlie second appeal from a judgment obtained by Ewell & Smith, against the appellant, to recover the balance due for certain timber sold by Ewell & Smith to the appellant in 1899. The opinion upon the former appeal, reported in 115 S. W., 828, recites the material facts of the case.

Ewell & Smith sold the Bauer Cooperage Company certain timber upon several tracts of land located in Laurel County, at the agreed price of $1.75 per acre. Of the purchase price $6,000 was paid in cash, and $4,000 was to be paid when the boundary of the land should…