Coleman v. Highland Lumber, Inc.

This case has been designated by counsel and the trial judge as an action for damages, for an accounting, and for rescission.

It is admitted by the pleadings that plaintiff and Howard Parks (who assigned his interest to plaintiff) purchased a portable sawmill from defendant lumber company for $8,503.53. There was no down payment. The purchase price was to be paid as follows: the purchaser was to process logs through the mill and deliver the lumber to the seller (defendants), who would “pay therefor the then going market price for such lumber as of date of delivery, based upon grade,” and…