Forgay

This is an appeal by the defendant Plum, on the judgment-roll alone, from a judgment in favor of the plaintiffs.

It appears from the complaint that in May, 1926, the plaintiffs entered into a contract with A. P. Newhart, by the terms of which they agreed to sell him all the merchantable timber on the Forgay ranch, and also their saw-mill and equipment,' for which timber he agreed to pay “$1 per thousand feet, board measure, sealed . . . upon delivery at pond, ’ ’ payments to be made semi-monthly. The purchaser also agreed to pay at the rate of $1 per thousand feet of lumber sawed for the use of the mill until such payments amounted to $7,500, when he was to be given a bill of sale for the mill. The title to the lumber was to remain in the sellers until paid for. Payments were to be made “to the credit of the party of the first part at the Indian Valley Bank.” The buyer was to commence the operation of the mill “on or before the 15th day of June, 1926, and to diligently continue the operation thereof ... to full capacity.” The buyer agreed to keep insured “all lumber piled or stored in an amount equal to that due” the sellers, the insurance policies to be payable to them to the…