Barton v. Gray

The declaration in this case contains three ■special counts in assumpsit and the common counts.

The first special count sets out a contract under seal between the parties, whereby the plaintiff was employed by 'the defendant to cut, haul and deliver in the south branch ■of the Pere Marquette river during the years 1872 and 1873 such lumber logs as could be cut on certain described lands, .and on the undivided half of certain other described lands, for a specified price per thousand feet. Also to cut, haul .and deliver afloat in said stream all the logs that could be ■cut from two specified…