Butcher v. Smith

(after stating the facts aS above). The witnesses John F. Butcher and Miss ■Wheeler, who were present when the contract in suit was made, would have testified, if the court had not sustained the appellee’s objection thereto, that the parties to the contract, during the negotiation, discussed and agreed that “saw timber” meant and described only growing timber 14 inches or over at the small end and at least 12 feet in length. The words “saw timber,” as used in the contract, are words of description of the subject-matter of sale, and have no legal signification, and it was proper to hear…