Johnson v. Broughton

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming in part and reversing in part on the original appeal and affirming on the cross-appeal.

On December 17, 1910, Henry Broughton, by written contract, sold to B. Johnson & Son certain timber at tho price of $3.50 per thousand feet, mill measure.

Of the purc^ase monej’-, $500.00 was paid in cash, and Johnson & Son were given five years within which to remove the timber. On December 18, 1911, the parties *630entered into another contract containing the following provision:

“Witnesseth: That for and in consideration of party of second part…