119 Ga. 6 | Ga. | 1903
Harrison & Garrett brought suit by attachment against the Wilson Lumber Company, a foreign corporation. The declaration in attachment alleged, in substance, that plaintiffs and de^ fendant entered into a contract of which the following is a copy: “ This agreement, made in triplicate and entered into this February 13th, 1902, between Harrison & Garrett, of Forsyth County, Ga., parties of the first part, and the Wilson Lumber Co., Ltd., of Toronto, Ontario, parties of the second part, witnesseth, that said Harrison & Garrett agree to furnish a sawmill and cut to the order of the Wilson Lumber Co., and to edge and trim in a good workmanlike manner as called for by the lumber market, such logs to be furnished to said mill desirable to said Wilson Lumber Co., at different places in Dawson County, also Pickens County, Ga., such places to be selected; for which parties of the first paTt are to receive for such services $2.50 per thousand feet board measure, payable from the first to the tenth of each month for all lumber so sawn and accepted by the Wilson Lumber Co. All lumber improperly and badly manufactured by the parties of the first part to be at their loss. Said lumber to be run out on trucks by the parties of the first part, at no extra expense to the Wilson Lumber Co., when the amount of such cut is 30,000 feet or more, to yard for sticking same. This contract to be and remain in full force and effect until such timber as will have been bought by the parties of the second part is cut, unless mutually agreed upon by both parties hereto.” The signature of each of the parties is attached. Before and at the time of entering into the contract the plaintiffs were informed by the Lumber Company that it had bought the timber on a large tract of land, and stated that the sawing of this timber would give plaintiffs a year’s employment. One of the plaintiffs, at the solicitation of the defendant, visited the timbered lands, and was assured by defendant that a sufficient quantity of timber would be supplied to cut many thousands of feet of lumber. Before and at the time and after the execution of the contract, and before plaintiffs had commenced to saw, they were assured by defendant that their mill would be supplied and kept
Judgment affirmed in part, and in part reversed.