Kirby Lumber Co. v. R. L. Lumber Co.

This is a suit by the Kirby Lumber Company against the R. L. Lumber Company and the Heyman-Pate Lumber Company to recover such sum as might be due the plaintiff by said defendants on a certain timber contract. The plaintiff, Kirby Lumber Company, alleged that on the 20th day of February, 1923, it entered- into a contract in writing with one J. E. Pate to sell him all the merchantable pine timber measuring 10 inches and upwards in diameter at the stump at the time of cutting upon certain described tracts of land, attaching a copy of the contract to its petition, which contract showed in detail…