Townsend v. Brushy Run Lumber Co.

Lynch, Judge:

Upon a trial before a justice, and before the circuit court on appeal, Townsend recovered judgment against the Brushy Run Lumber Company, the reversal of which it seeks on writ of error.

Townsend agreed to haul logs for the company, pursuant to the terms and conditions and for the consideration stated in a written contract entered into and signed by both of them After partial performance of the work undertaken, he, with the consent of the company, substituted in his stead W. A. and Gr. P. McCray, who agreed to complete the work under the original agreement. At the same time, and…