Tenny v. Mulvaney

By the Court,

Prim, J.:

This is an action to recover damages on a breach of contract based upon the following facts as alleged in the complaint: That about the twenty-ninth of May, 1878, the respondents and appellants entered into an agreement by which the respondents promised to furnish the appellants at their boom in Pass creek, in Douglas county, good, sound, merchantable logs for four dollars and twenty-five *132cents per thousand feet. The appellants agreed to scale and pay for each one hundred thousand feet of said logs when placed in floating water in the creek above the boom; that the…