Staab v. Thoreson

HOGAN, Judge.

Plaintiff Merlin A. Staab declared upon a contract with defendants to: (a) clear the standing timber from 800 acres of defendants’ land; (b) clear the scattered timber from 20 acres of the land; (c) construct 4 ponds on the land; and (d) run 1 mile of line fence on defendants’ land, “predominantly situated” in St. Clair County. Alleging defendants’ promise to pay the sum of $21,500 and to deliver a tractor worth $23,-000 as consideration for performance, plaintiff admitted partial payment in the amount of $16,600, but averred breach of the contract by prevention of performance…