Wolcott v. Yeager

This was an action by the appellees against the appellant, upon a special contract, and also for work and labor. By the special contract set up, the plaintiffs agreed to chop, clear off, fence, and grub twenty acres of land, described in the contract. The ground was to be inclosed, and divided into two lots by running a fence through the middle, with a good fence ten rails high, provided there was suitable rail timber enough on the land to make the rails; but the plaintiffs were not to go off the land for rail timber. Any rail timber left, after making the fence, was *85to be made into rails and…