Swain v. Harmount & Woolf Tie Co.

Opinion op the Court by

Judge Dietzman

Reversing.

The appellants, plaintiffs below, brought this suit against the appellee for a claimed breach of a contract under which the appellants were to cut a certain area of timber for the appellee. At the close of the introduction of evidence for the appellants, the trial court peremptorily instructed the jury to return a verdict for the appellee, and from the judgment entered on that verdict this appeal is prosecuted.

We are not clear as to just upon what ground the lower court based its action, but we are of opinion that none of the reasons urged by the…