Dinsmore Sawmill Co. v. Falls City Lumber Co.

The plaintiff brought this action to re-

cover a balance alleged to be due for lumber sold and delivered to defendant in pursuance of a written contract. The contract contained the following stipulations pertinent to the inquiry:

“All lumber to be graded'at the mill by a competent grader to be selected by the party of the first part [the defendant] and whose salary or wages shall be paid by the party of the *43second part [the plaintiff] and whose grade shall be final as far as settlement is concerned as to the parties hereto and the lumber shall be received at Troy, Idaho, by a checker to be paid…