LUMSDEN v. ROTH

Docket No. 8716.

138 Cal.App.2d 172 (1955)

291 P.2d 88

MACE LUMSDEN, Respondent, v. W.E. ROTH et al., Appellants.

Court of Appeals of California, Third District.

December 22, 1955.


Attorney(s) appearing for the Case

H.D. Jerrett for Appellants.

Hughes, Maul & Fogerty, Geoffrey A. Hughes, George P. Maul and Charles F. Fogerty for Respondent.


VAN DYKE, P.J.

Plaintiff-respondent brought action to recover money alleged to be due for the sale of timber. The cause was tried by the court without a jury and from a judgment in favor of plaintiff defendants have appealed.

The trial court found the following: On July 22, 1953, respondent entered into a written contract with appellant Roth for the sale to him of certain timber standing on respondent's land, marked for cutting and which was by Roth to be...

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