Miller and Co., Inc. v. McCown

Miller and Company, Inc., a timber buying and cutting company, appeals from a judgment, based upon a Rule 53, A.R.Civ.P., master's report, awarding the landowners $29,273.68 on their claim against Miller alleging breach of contract in the cutting of timber on Parker's Island in Elmore County.

The landowners' December 27, 1976, contract with Miller for the sale of the timber stipulated that no timber was to be cut "within 150 feet of the river bank" and that Miller, in cutting and removing trees, was to do "as little damage as possible to the property of the sellers and improvements thereon."…