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14. If the logger is sued for breach of the contract by the landholder's next-door neighbor, whose view of a nearby lake is obscured by the standing timber, the neighbor will probably

The logger offered a fair price for the timber rights in question, and the landholder accepted the offer. The 2,000-acre tract was an abundant wild-game habitat and had been used for many years, with the landholder's permission, by area hunters. The logger's performance of the timber contract would destroy this habitat. Without legal excuse and over the landholder's strong objection, the logger repudiated the contract before commencing performance. The landholder could not afford to hire a lawyer and take legal action, and made no attempt to assign any cause of action he might have had against the logger.

A landholder was land-rich by inheritance but money-poor, having suffered severe losses on bad investments, but still owned several thousand acres of unencumbered timberland. He had a large family, and his normal, fixed personal expenses were high. Pressed for cash, he advertised a proposed sale of standing timber on a choice 2,000-acre tract. The only response was an offer by a logger, the owner of a large, integrated construction enterprise, after inspection of the advertised tract.