GILL V. JOHNSTOWN LUMBER CO.
25 A. 120 (1892)
NATURE OF THE CASE: Gill (P) appealed ruling of the lower court entering a directed
verdict in favor of Johnstown (D) in an action to recover payment for completed log
deliveries pursuant to a contract for log and tie deliveries.
FACTS: Gill (P) contracted with Johnstown Lumber Co. (D) to drive logs along certain
points to D's boom at Johnstown and to drive crossties at certain locations. The amount paid
to P was apportioned among the various jobs ($1 per thousand feet of oak, $.75 per thousand
feet of other logs, and $.03 for each cross tie but more if driven to another point on the
river). Ten days after the contract was entered into, a large earthen dam above Johnstown
broke. The flood carried a large number of logs past D's boom. Part of the lumber specified
in the contract had been driven by P according to the contract, part he had attempted to
drive but, after doing some work, stopped for want of water; some of this latter lumber was
carried by the flood of May 31, 1889, into and through D's boom and much of it was lost,
while some of the lumber remained and never reached D's boom. There was a conflict of
evidence as to whether after the flood P had offered to perform the contract and had not
been allowed by D to do so. D refused to pay. P sued, claiming that the contract was
severable and that he was entitled to compensation for the logs and ties that were
delivered. Judgment was given for D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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