J. J. White Lumber Co. v. McComb City Turpentine Co.

Citations

• 110 Miss. 848
• 71 So. 5

Syllabus

<p>1. Landlord and Tenant. Turpentine leases. Actions. Evidence. Deficiency in leased lands. Recovery. Burden of proof. Timber leases. Construction.</p> <p>When the lessee of timber lands claimed that there was a deficiency of acreage under his contract, it had the burden of showing the amount of the shortage.</p> <p>2. Landlord and Tenant. Timber lease. Construction.</p> <p>Where defendant leased to complainant lands for the purpose of turpentining, which were described as containing approximately six thousand, nine hundred and thirteen acres of timber and the contract of lease recited that the lessee might box for turpentine purposes all merchantable pine timber, and that the term “merchantible pine timber” should mean any tree of sufficient size to square not less than four inches. In such case in view of other provisions for turpentine a fixed number of acres each year and for the location by the lessor of the lands to be turpentined yearly, the lessor was not bound to furnish virgin timber of the acerage specified.</p> <p>3. Landlord and Tenant. Timber leases. Construction. Deficiency.</p> <p>Under the facts in this case, the contract of lease was a contract in gross or in bulk, so that no recovery for shortage in the acreage of the timber could be maintained where the shortage did not amount to deception or fraud.</p>