Mowbray & Robinson Co. v. Kelley

Opinion of the Court by

Judge Thomas

Reversing.

On April 4,1913, the appellee, IT. W. Kelley (defendant), contracted with the appellant, The Mowbray & Robinson Company (plaintiff), whereby he agreed to haul and skid, for the purpose of loading on tram-cars, a quantity of saw-logs, supposed to contain between 900.000 and 1,000,000 feet. He was to be paid for the hauling and skidding of the logs, the sum of $3.00 per 1.000 feet; and after hauling something like one-half thereof, he seems to have abandoned his contract, or ait any rate he ceased to skid any more logs and this, litigation followed.…