FELTON, C. J.
The gravamen of the plaintiff's action is that the defendants are liable to the plaintiff in fraud and deceit in that their agent contracted with the plaintiff to buy the pine trees from the plaintiff's land and to pay him therefor the sums of not less than $3 nor more than $37.60 for each tree cut and that the agent made the contract with the intention not to perform the contract as made but to have his principals pay the plaintiff the stumpage value...
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