Bennett v. Bennett

On June 13, 1938, the parties to this suit entered into a written contract covering the sale by the plaintiff to the defendant, of "all the merchantable timber, both oak and pine lying, standing or being on" a certain described tract of land shown in the testimony to comprise about eighty acres. Under a clause in the contract, the vendee was given five years from its date to cut and remove the timber. He exercised his rights over the tract of land by going upon it to cut and remove some of the timber on more than one occasion. In this suit instituted by plaintiff, who was the vendor, it is…