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Contracts Keyed to Fuller
Lawson v. Martin Timber Co.
Citation:
115 So. 2d 821 (1959)Facts
On October 14, 1948, Hugh Wimberly Lawson executed a timber contract with Martin Timber Company, granting the company two years to cut and remove timber from his land. The contract contained a provision stating: “And in event of high water after this time Martin Timber Company is to get additional one year’s time.” In July 1951, approximately eight months after the initial two-year period expired, Martin Timber cut and removed timber from Lawson’s land. Lawson protested this action, claiming the contract had expired. Martin Timber argued that high water during the original two-year period triggered the one-year extension. Evidence showed that during the original two-year period, there were 361 days when the land was not flooded and timber could have been removed. Expert testimony established that the actual cutting and removal operation required only three to four weeks to complete.
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