Elliott v. Murphy Timber Co.

This is a suit to compel the defendant to account to plaintiff for alleged profits growing out of their joint performance of a contract, which was entered into between them on February 21, 1917, and which was completely executed on plaintiff’s part on June 30, 1921. Except as hereinafter stated, the contract consisted of a written offer and acceptance, which because of a dispute over its legal effect is set forth at length, and is as follows:

“Portland, Oregon, Feb. 21st, 1917.

“Mr. E. H. Elliott,

“Portland, Oregon.

“Dear Sir: Confirming our verbal understanding regarding the purchase of the…