Northeast Lumber Company v. Harris

Opinion op the Court by

Judge Kees

Affirming.

This is the second appeal of this case. The opinion on the first appeal is reported in 220 Ky. 454, 295 S. W. 455, where a statement of the facts will be found. Upon the return of the case, numerous amendments to the pleadings were filed, but the issues ultimately presented, were: Did plaintiff breach his contract, and, if so, what were defendant’s damages? At the second trial plaintiff recovered a judgment against the defendant for $1,007.11, and it has again appealed.

Under the contract dated February 1, 1923, Harris was to cut from 7,000 to 10,000…