Vale v. Suiter

McWhorter, Judge :

This is an action of asswrypsit brought by A. W. Yale against Suiter and Dunbar, in the circuit court of Mason county to recover from defendants a balance claimed to be due by him for sawing into lumber and ties, timber furnished lrim at his portable saw mill by defendants on what was known as the William Miller Two Mile Creek Farm in Mason county, filing with his declaration a bill of particulars showing a balance due plaintiff of $860.42. The defendants entered their plea of own-assunvpsit and filed a special plea in writing setting up a contract in writing made on the 5th…