Mallett

This action was commenced against the above-named W. J. Doherty December 6, 1912. Judgment was rendered in favor of the- defendant and the same was reversed on appeal. (Mallett v. Doherty, 180 Cal. 225 [15 A. L. R. 19, 180 Pac. 531 ].) The case was retried February 3, 1920, Judgment was again rendered in favor of defendant and the plaintiff has appealed. Thereafter W. J. Doherty .died and Lillian C. Doherty, as administratrix of his estate, was substituted herein as defendant and respondent.

It is unnecessary to repeat the facts stated in the opinion of the supreme court on the former appeal. The action was instituted to,quiet the plaintiff’s title to “an undivided one-half interest and ownership in and of all the timber suitable for sawmill purposes” standing on certain lands belonging to defendant. Plaintiff’s right to remove the timber was based upon a contract "of sale thereof executed October 5, 1905. In construing this contract, the supreme court said: “It was the intention of the parties that the right to take the timber should be limited to ten years. The legal result follows that the vendee would be entitled to only so much of the timber as he might remove within the…