Holmes v. Westvaco Corp.

Goolsby, Judge:

This action at law involves the sale of timber rights by the respondent C. Dale Holmes to the appellant Westvaco Cor*592poration. The trial court awarded Holmes a judgment against Westvaco in the amount of $4,000. We reverse.

On August 3, 1982, Holmes executed and delivered to Westvaco a written instrument entitled, “TIMBER DEED (Per Cord)” by which he sold to Westvaco “all marked trees” on a thirty-five acre tract of land that Holmes owned in Saluda County. The instrument gave Westvaco the right to enter Holmes’ property for a period of one year “for the purpose of cutting and…