Kux v. Cal-West Lumber Corp.

This is an appeal from a judgment in favor of plaintiffs, who were copartners engaged in selling lumber produced in the Pacific Northwest in the States of Oregon, California, and elsewhere (hereinafter referred to as “Sellers”), and against the defendant corporation (hereinafter, referred to as “Purchaser”).

The action was pleaded in the common counts of goods sold and delivered to Purchaser at Los Angeles, California, open book account and account stated for the total contract price of $24,283.44 for 300,000 board feet of lumber. Simultaneously with the filing of the complaint, Sellers…