Biggers v. . Matthews

The pleadings disclose this case: The defendant, Matthews, on 22 December, 1905, entered into- a contract in writing with Gordon & Smith, -which, as contended bj plaintiff, may be interpreted to constitute a sale of certain standing timber on his land .at the price and upon the terms set forth therein. Plaintiff, on 3 January, 1906, contracted with Gordon & Smith to- saw the timber into lumber, receiving as compensation therefor 30 cents per hundred feet. Pursuant to the terms of his contract, plaintiff carried his sawmill, engine and boiler to defendant’s land, upon which the timber, was…