Colbath v. H. B. Stebbins Lumber Co.

Action on the case to recover under a written contract for an alleged excess of spruce and fir logs above an amount *408stated in the contract. Plea, general issue with brief statement that there was in fact no excess and that any excess was not proved within the time provided by the contract. Verdict of $5,317.98 for plaintiff. Case comes up on exceptions and general motion.

The plaintiif and defendant, by its treasurer, H. B. Stebbins, entered into a written contract dated August 30, 1920, by which the plaintiif agreed to construct a rossing mill at Squa Pan Lake, and cut during the ensuing…