Roberts v. American Column & Lumber Co.

Lynch, Judge:

In assumpsit for breach of contract, the jury awarded plaintiffs $750 damages. For reversal of the judgment upon the verdict, the defendant company relies mainly on the giving and refusal of instructions. The objection to exclusion of evidence can not now be considered, because not covered by bill of exceptions or embodied in the motion below for a new trial.

By the contract sued-on, dated July 30, 1907, plaintiffs agreed to cut and manufacture into lumber all the timber owned by defendant on Likens branch in Fayette county for $9.00 per thousand feet, and also all its timber on…