Gallagher v. Finch, Pruyn & Co.

Cochrane, P. J.:

The amended complaint contains two causes of action. The first cause of action is that the parties entered into a written contract, a copy of which is attached to and made part of the complaint, whereby the plaintiffs were to cut certain trees on a portion of the defendant’s woodland and convert the logs into timber and deliver the same and to be paid therefor a certain price by the defendant; that the plaintiffs entered upon this contract and performed it partly when they were prevented from its completion by the defendant and for this breach damages are demanded. It is…