Haydon v. Branson
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action on contract for the sale of timber. Judgment for plaintiff and order denying a new trial. Judgment and order Where contract does not fix mode of measurement and there is no statute, the measurement should be made by the customary standard. (Kinney, Essentials of American Timber Law, secs. 141, 142; 17 R. C. L. 1102; Bestrehan v. Louisiana Co., 45 La.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action on contract for the sale of timber. Judgment for plaintiff and order denying a new trial. Judgment and order Where contract does not fix mode of measurement and there is no statute, the measurement should be made by the customary standard. (Kinney, Essentials of American Timber Law, secs. 141, 142; 17 R. C. L. 1102; Bestrehan v. Louisiana Co., 45 La. Ann. 920, 40 Am. St. 265, 13 So. 230; W. T. Smith Lbr. Co. v. Jernigan, 185 Ala. 125, Ann. Cas. 1916C, 654,' 64 So. 300.) The…
1Opinion of the CourtBudge, J.
In the fall of 1914, respondent, who was the owner of certain timber land on Big Creek, Shoshone county, Idaho, entered into an oral agreement with appellant Bran-son, under which the latter was to log all of the timber except white fir and hemlock from respondent’s claim. Pursuant thereto, logging operations were conducted at two periods, first in the fall of 1914, and the second in the spring of 1915, at the end of which all of the merchantable timber had been logged off the claim and shipped. The contract, an interpretation of which is one of the chief sources of dispute in the ease, and…
2Cases cited2 opinions
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- Maney v. Idaho Construction Co.Idaho Supreme Court · 1917
3Cited by4 opinions
- Papineau v. Idaho First Nat. BankIdaho Supreme Court · 1953
- Fruitland State Bank v. LauerIdaho Supreme Court · 1921
- Friedman Bag Co. v. F. E. Baldwin & Co.Idaho Supreme Court · 1937
- Workman v. Clear Fork Lumber Co.West Virginia Supreme Court · 1932