Western Colorado Power Co. v. Gibson Lumber & Coal Co.

This action was brought for the recovery of money alleged to be due for lumber furnished by plaintiff to defendant. The transaction was based upon a written contract incorporated in the pleadings, and also upon certain oral modifications thereof, the terms of such modifications being in dispute. Verdict and judgment were for plaintiff for $4,603.68 and costs. Defendant assigns error and brings the cause here for review.

The fourth and fifth assignments of error reach the questions of the propriety of an instruction given by the court, and of one tendered by the defendant and refused.

By the…