This section contains the nature of the case and procedural background.

Nester (D) entered into a contract with Michigan (P) for the sale of standing timber on P's land. The price was $27,000 payable one quarter down and the rest in equal installments with the timber not being cut faster than paid for. P then immediately proceeded to cut all the time after only one payment. P then sued to make D accept one half the purchase price on the grounds that the quality of the timber was bad and both parties were mistaken over the nature of the quality. The lower court found for P for $12,798.48. D appealed; P was acting on the advice of his own agents, and the mistake was unilateral, and D had never warranted the quality of the timber of that than a minimum yield.

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