Hendren

— Respondents, plaintiffs, were awarded a decree quieting title to real property and timber growing thereon, injunction against removal of timber by appellants, and double damages for prior removal of timber. Appellants had cross-complained for damages and declaratory relief which, they had prayed, would justify their removal of timber from lands of respondents and allow further cutting and removal.

Facts

A contract was made in 1951 between respondents and John H. Markham & Son Lumber Company, a corporation, whereby for the sum of $10,000 the respondents sold all standing or down merchantable redwood and fir, and the logger was given the right to fell and remove timber from respondents’ land. Those parts of the contract which have to do wdth termination and extension are: 11 (2) Term Op Rights Op Access: All of Logger’s rights to said timber shall revert, and all its rights of entry in or upon said property, for purpose of logging said timber or otherwise, shall cease and terminate, upon the midnight next following 11:59 o’clock p.m. of the tenth (10th) anniversary of the effective date of this instrument as hereinafter defined: Unless, however, Logger shall exercise its option…