Clyatt v. Barbour Bros.

On October 28, 1895, Fletcher leased the timber on three certain lots of land to Clyatt, for turpentine piurposes, for the term of three years from the date of cutting the boxes. The lease fixed the price of the timber at $1.50 per acre, and expressly stipulated that the “timber ivas to be paid for before boxing.” The record discloses that when Clyatt got ready to box the timber and had in fact commenced boxing, Fletcher appeared and stopped him because he had not paid for the timber. Subsequently Fletcher leased the same timber to Barbour Brothers & Company, who commenced boxing the timber.…