Mason v. Melhase
Oregon Supreme Court
From Klamath: Henry L. Benson, Judge. Statement by Mr. Justice Burnett. As admitted in the pleadings, the parties to this action made the following agreement: “This article of agreement, entered into by and between W. H. Mason, party of the first part, and Fred Melhase, party of the second part, witnesseth: That the said party of the first part hereby agrees, for and in consideration of the sum of four and 50-100 dollars per thousand feet, to cut five million feet, more or…
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From Klamath: Henry L. Benson, Judge. Statement by Mr. Justice Burnett. As admitted in the pleadings, the parties to this action made the following agreement: “This article of agreement, entered into by and between W. H. Mason, party of the first part, and Fred Melhase, party of the second part, witnesseth: That the said party of the first part hereby agrees, for and in consideration of the sum of four and 50-100 dollars per thousand feet, to cut five million feet, more or less, of timber into saw logs, ■ furnished by the second party on parts of sections 10, 11, 14, 15, 22 and 23, township…
1Opinion of the CourtJustice Burnett
At the argument but two questions out of the many reserved in the record were presented to the court for consideration. One was the office and effect of the custom in such cases as relied upon by the amended answer. The other was the admissibility of the ledger of the Long Lake Lumber Company, together with certain papers called scale cards, purporting to show the scale of the logs sawed by the lessee of the Long Lake Lumber Company at itff mill.
On the first cause of action the ultimate material question in dispute was what was the amount of logs cut and delivered under the contract…
2Cases cited5 opinions
- Miller v. ShayMassachusetts Supreme Judicial Court · 1887
- Stidger v. McPheeColorado Court of Appeals · 1900
- Swan v. ThurmanMichigan Supreme Court · 1897
- Taylor-Woolfenden Co. v. AtkinsonMichigan Supreme Court · 1901
- Trainor v. German-American Savings, Loan & Building Ass'nIllinois Supreme Court · 1903
3Cited by2 opinions
- Radtke v. TaylorOregon Supreme Court · 1922
- Stuart v. Camp Carson Mining Co.Oregon Supreme Court · 1917