Cleveland-McLeod Lumber Co. v. Hopson

Plaintiff, W. C. Plopson, contracted in writing with the defendant, Cleveland-McDeod Dumber Company, to furnish saw timber to the latter at its mill “one million feet or more, up to one and one-half million feet, during the 15 months following August 1, 1907, in the following proportions : 50 per cent, pine, 25 per cent, oak and cypress and 25 per cent, gum.” Further stipulations of the contract read as follows:

“The timber is to be put on our road, each kind of timber on skids or in piles to itself. This -means that the oak, gum and pine are not to be mixed, the logs are all to be scaled…