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MILLER AND CO., INC. v. McCOWN

87-746.

531 So.2d 888 (1988)

MILLER AND COMPANY, INC. v. John W. McCOWN, et al.

Supreme Court of Alabama.

September 2, 1988.

Attorney(s) appearing for the Case

J. Garrison Thompson of Pitts, Pitts & Thompson, Selma and Joe A. Macon, Jr., Wetumpka, for appellant.

G. Houston Howard II of Howard, Dunn, Howard & Howard, Wetumpka, for appellees.

JONES, Justice.

Miller and Company, Inc., a timber buying and cutting company, appeals from a judgment, based upon a Rule 53, A.R. Civ.P., master's report, awarding the landowners $29,273.68 on their claim against Miller alleging breach of contract in the cutting of timber on Parker's Island in Elmore County.

The landowners' December 27, 1976, contract with Miller for the sale of the timber stipulated that no timber was to be cut "within 150 feet of the river...

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