Prestwood v. Eldridge
Supreme Court of Alabama
Appeal from Covington Circuit Court. Tried before Hon. J. W. Foster. The contract sued on and its subsequent modification are shown in the opinion.
Read the full summary
Appeal from Covington Circuit Court. Tried before Hon. J. W. Foster. The contract sued on and its subsequent modification are shown in the opinion. The plaintiff testified that in December, 1894, upon the failure of the plaintiff to perform his part of the contract, he ceased to float the logs doAvn the ditch; that from December, 1894, to December, 1895, the defendant floated logs down the ditch himself; that in his best judgment there AArere from six to eight thousand logs carried through the ditch to the defendant’s mill, and that the only Avay the logs could be gotten to the mill Avas by…
1Opinion of the CourtColeman, J.
Suit was brought by the appellee to recoArer damages for the breach of a Avritten contract. The defendant was engaged in the saw mill business, and contracted with the plaintiff to cut a ditch from the mill pond of defendant to a point where “Soldiers Head Branch” emptied into the mill pond creek, and designated as the “Big Wasteway,” the ditch to be used for rafting of logs to the mill. The consideration for cutting the ditch, was the payment to Eldridge, the plaintiff, of twelve hundred dollars, and “the said Eldridge is to have full control of the running of any and all logs in said ditch…
2Cases cited2 opinions
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- Badders & Britt v. DavisSupreme Court of Alabama · 1889
3Cited by7 opinions
- Abbeville Live Stock Co. v. WaldenSupreme Court of Alabama · 1923
- W. T. Adams' Machine Co. v. South State Lumber Co.Alabama Court of Appeals · 1911
- Roquemore v. Vulcan Iron Works Co.Supreme Court of Alabama · 1907
- Hillmer v. AsherTexas Commission of Appeals · 1930
- Snow v. PrinceTexas Commission of Appeals · 1929
2 more not listed; retrieve them via the Exa API.