Prescott v. J. S. Betts Co.

Citations

• 81 Fla. 538
• 88 So. 385

Syllabus

<p>1. An. instrument in writing under seal purporting to convey all the timber of all sizes for sawmill purposes for a period of one year, standing and being on certain lands under conditions which required the payment of certain sums of .money before the grantee should have the right to cut the timber standing on certain portions of the land construed to be a license to the grantee to enter and cut the timber within the period of time named upon the payment of the consideration named, which payment is a condition precedent to the passing of title to the timber.</p> <p>2. The intention of the parties to a written contract for the sale of standing timber should be gathered from the entire instrument without regard to the order in which the conditions, if any, occur.</p>