Mowbray & Robinson Lumber Co. v. Deaton

Opinion op the Court by

Stanley, Commissioner

Reversing.

The appellee Sambo B. Deaton’s petition and evidence on direct examination were simply that, under a contract with the appellant, he had hauled a certain number of logs of stated quantity to a tram road and was unable to complete his contract to deliver them at a point on the river because of the appellant’s refusal to brand and measure the logs, and that he had thereby been damaged $2,000. But the facts as developed on cross-examination, and other evidence in the case did not coincide with appellee’s claim thus epitomized.

In May, 1927,…