Elswick v. Ramey

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

In this action for damages for breach of a contract, by which defendant, T. L. Elswick, authorized plaintiffs, *640J. B. Ramey and others, to haul logs over his land for the purpose of getting them to market, plaintiffs recovered a verdict and judgment for $1,500. Defendant appeals.

Briefly stated, the facts are as follows:

Plaintiffs were the owners of 433 trees situated on Colley Pork or G-rassy Creek, in Buchanan County, Virginia. To market this timber it was necessary to haul it down Colley Pork to Russell’s Pork of the Big Sandy…