113 Ga. 1054 | Ga. | 1901
On March 13, 1890, a written contract was executed by Mrs. Caroline Lufburrow and Joel Everett, in which she conveyed to him the timber on a tract of land owned by her. Afterwards, in the same year, he moved his sawmill to the land and began cutting the timber. In 1897 she sued him for $400 and interest alleged to be due under the contract; and prayed that he be enjoined from cutting timber on the land. The contract stipulated for the conveyance of the timber in consideration of $600, upon the following terms: Two hundred dollars was to be paid cash, and two notes, each for $200, were to be given by Everett, the first payable ninety days after Everett’s tramroad should reach the Central Railroad, which was to be during the same year, 1890, and the second payable ninety days after the payment of the first. It was, agreed that Everett should have sufficient time to cut the timber off of the land, and that his mill might remain on the land “to cut other timber as he might thereafter have.” Everett bound himself to locate his tramroad on the tract of land, and to complete it within ninety days after it was so located, “ should no providential causes hinder him from so doing.” The petition alleged that, when the
After the first trial of the case the court granted a new trial. The next trial resulted in a verdict against the defendant. He