FELTON, C. J.
1. Where there is a dispute between the vendor and vendee of timber, the vendor's contention being that the vendee agreed to pay $57.50 per thousand feet for all timber cut, and the vendee's contention being that he was to pay for timber cut by grade, length and width, and where, as the timber was cut, the vendee gave the vendor statements at intervals showing in detail the number of feet cut and showing the exact amount to be paid at varying prices...
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