Woodard

The defendant, I. T. Bloom, appeals from the judgment and from' an order denying his motion for a new trial.

The action was brought by the plaintiff for the purpose, primarily, of obtaining a decree declaring that the rights of the defendants under a certain contract had terminated. The contract in question was made on the fourteenth day of .November, 1905, between the plaintiff, L. Woodard, as party of the first part, and the defendant, Glenwood Lumber Company, a corporation, as party of the second part. On that date Woodard was the owner of a tract of land in San Mateo County containing four hundred acres, and he also owned an undivided three-fourths interest in a neighboring tract containing one thousand four hundred acres. Both parcels were valuable chiefly for timber. By the terms of the contract here involved, Woodard, in consideration of one thousand dollars paid to him by the Glenwood Lumber Company, granted- to said company the right to enter upon the lands and “take, cut, haul and carry away therefrom all the standing timber growing thereon at the times and in the manner and upon the conditions hereinafter named and upon the prompt payment of the sums of money…