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SMITH v. CHICKAMAUGA CEDAR COMPANY

6 Div. 894.

82 So.2d 200 (1955)

Shirley SMITH v. CHICKAMAUGA CEDAR COMPANY, Inc.

Supreme Court of Alabama.

August 18, 1955.

Attorney(s) appearing for the Case

Russell W. Lynne, Decatur, for appellant.

St. John & St. John, Cullman, and Scott, Dawson & Scott, Fort Payne, for appellee.

GOODWYN, Justice.

The appellant brought suit against appellee for breach of a written contract entered into on December 11, 1953, for cutting logs into lumber. The complaint, as last amended, consisted of three counts. The contract, which is made a part of each of the counts, provides, in material respects, as follows:

"1. Lumberman [appellee] agrees to furnish a location for the purpose of operating Contractor's [appellant's] mill, to Contractor, at or near...

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