Smith v. Chickamauga Cedar Company

GOODWYN, Justice.

The appellant brought suit against appellee for breach of a written contract entered into on December 11, 1953, for cutting logs into lumber. The complaint, as last amended, consisted of three counts. The contract, which is made a part of each of the counts, provides, in material respects, as follows:

“1. Lumberman [appellee] agrees to furnish a location for the purpose of operating Contractor’s [appellant’s] mill, to Contractor, at or near Lumberman’s assembly yard at Cullman, Alabama.

“2. Contractor agrees to move his said mill upon the location, as stated, within fifteen…