Sweeney v. Tabor

Riley, Judge:

In this action of assumpsit, the plaintiff, J. S. Sweeney, sought to recover from the defendant, C. W. Tabor, damages for breach of contract whereby the defendant Tabor agreed to saw the timber on the plaintiff’s tract of land. To a judgment in favor of the defendant, based upon a directed verdict, the plaintiff brought this writ of error.

In 1923, the plaintiff was the owner of a tract of land of 114 acres situated in Raleigh County, West Virginia, and the defendant, the owner of two sawmills, of fifteen and twenty-five horsepower, respectively, was engaged in the sawmill…