Gorge Lumber Co. v. Brazier Lumber Co.

Defendant, a Washington lumber wholesaler, appeals the dismissal of its breach of contract counterclaim of $17,280 against plaintiff, an Oregon lumber producer. Plaintiff, Gorge Lumber Company, brought suit to collect payment due on a carload of lumber it had shipped to one of defendant’s customers. Defendant, Brazier Lumber Company, counterclaimed that plaintiff had repudiated previous orders on file from defendant, but the trial court held that defendant had waived its cause of action and awarded payment to plaintiff.

The orders in issue were placed between October, 1967 and January, 1968,…