Button v. Russell

This suit originated in justice’s court, where the plaintiff declared orally, and as the justice returns, “stated the particulars of his claim under the common counts for the sawing of 66,339 feet of lumber at $2.50 per M.; for board of one man four weeks $13.56, and one M. feet cull lumber, $3.” The defendants pleaded the general issue, and ■claimed damages of the plaintiff for failure to saw the lumber in accordance with the contract.

After trial and judgment in the justice’s court the case was appealed, and the plaintiff was permitted to prove an item for eight weeks’ board, amounting to…