Nester v. Michigan Land & Iron Co.

Michigan Land & Iron Co. (defendant) sold Nester (plaintiff), an experienced lumberman, all the saw-log timber on certain land, providing its own estimates but expressly declining to warrant their accuracy and telling Nester to rely on his own assessment; the parties spent roughly three months discussing timber quality and expected yield before contracting, with Nester also obtaining independent estimates. After cutting all available timber following just one installment payment, Nester sued claiming the timber was less abundant and lower quality than anticipated, seeking to pay only about half the agreed price; the trial court ruled in Nester's favor, and Michigan appealed.