DESCRIPTION OF TIMBER SOLD 159 



made. x In fixing the measure of damages allowable for a 

 failure of a purchaser to take all timber suitable for particular 

 purposes on a tract, as the difference between the contract 

 price and the market value of the timber at the time the 

 action was brought, an Oregon court excluded evidence as 

 to the cost of construction of a road to the timber. 2 It has 

 been held that where a contract of sale fails because of the 

 inability of the vendor to convey title, the purchaser can re- 

 cover only the purchase money paid; 3 and that a pur- 

 chaser of lands with notice of the existing license of another 

 to cut timber from the land, cannot rescind the contract 

 without placing the parties in statu quo. 4 



1. Shiffer v. Broadhead et al, 126 Pa. 260 (1889) ; Whitfleld v. Rowland Lbr. Co. 



152 N. C. 211. Contra Patterson v. McCausland, 3 Bland (Md.) 69 (1830). 



2. Mackey v. Olssen, 12 Ore. 429. 



Cf. Lbr. Co. v. Crist, 87 Ark. 434, 112 S. W. 965; Veneer etc. Co. v. Hornaday 

 (Ind. App.) 96 N. E. 784. 



3. Adams v. Hughes (Tex. Civ. App.) 140 S. W. 1163. 



4. young v. Waggoner (Ind. App.) 98 N. E. 145. 



