Devore v. Barstow Company

The opinion of the Court was delivered by

Mr. Justice StabeEr.

The facts out of which this action arose, briefly stated, are these: In August, 1927, W. S. Barstow & Co., Inc., hereinafter referred to as Barstow, contracted, for a specified consideration, with Lexington Water Power Company, hereinafter referred to as the power company, to build a large dam across Saluda River, and to cut all trees and clear all growth within the area to be flooded. Thereafter, on February 4, 1928, J. E- Triplette Lumber Company, hereinafter referred to'as Tripplette, contracted with Barstow to cut and remove all…