King v. Barker
King v. Barker
Opinion of the Court
In this action the plaintiff as administratrix of the estate of Arthur King seeks to recover for labor and materials furnished by her intestate in cutting, yarding and hauling pine and spruce logs for the defendant on Township 39 in Hancock County. The declaration is in assumpsit and includes an omnibus count. The plea is the general issue with brief statement alleging a special contract and damages resulting from its breach. After verdict for the plaintiff the case comes forward on the defendant’s motion for a new trial.
The record shows that the decedent having, some time in August 1946 entered into a contract with the defendant to cut one to two million feet or as many as he could of pine and spruce logs and deliver them at Milford for $26 a thousand, cut 559,000 feet, delivered 244,929 feet and on account of sickness from which he soon died, on January 11, 1947 abandoned the job leaving 314,071 feet of logs piled in the woods which the defendant loaded and hauled to his mill. It was agreed that the decedent had been paid $7,783.01 which was in full for his labor on logs delivered and $1,414.86 on account of those cut and yarded, and that his wangan worth $263.25 and left in camp had been appropriated and used. And the real controversy was as to the cost of delivering the logs in the yards.
Under the pleadings and on the facts in this case the plaintiff was entitled to recover for her intestate’s labor in
Motion overruled.
Reference
- Full Case Name
- Elsie King, Administratrix Estate of Arthur King v. Henry L. Barker
- Status
- Published