Deberry v. Young

McKinney, J.:

Young, the plaintiff in the action, declares in the second count upon a contract to th6 effect, that for the sum of $100,00 he would make and put in a water wheel to a saw mill of the defendant, which would cause said mill to cut 1500 feet of lumber per day, with a head of five and a half feet of water — which head of water the defendant undertook to supply. This action is brought to recover said sum of one hundred dollars.

If, in accordance with the contract, the wheel- was so constructed and attached to the mill, that on the stipulated head of water being supplied by defendant,…