Willamette Box & Lumber Co. v. Wheeler

The plaintiff sues for damages said to have accrued from the breach of a contract whereby the defendant agreed to furnish a certain quantity of hemlock lumber to the plaintiff corporation at its mill at Linnton, Oregon. The measure of damages relied upon is the difference between the *460contract price and the alleged greater market price at the time and place of delivery. The allegations of the complaint are denied except as stated in the answer.

For one defense, the answer sets np the contract and says that it was understood that the lumber should be sawed at the defendant’s mill at Cochran,…