Taylor v. Tripp
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. Department 2. On October 26, 1917, tbe plaintiffs were the owners of a sawmill on Poodle Creek, near Noti, in Lane County. They were experienced in that line of business, but were without money to purchase sawlogs or operate the mill. The defendants were in the timber and tie business, but were not engaged in the manufacture of lumber. They had sufficient funds to supply the mill with logs and to finance its operation.
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From Lane: George F. Skipworth, Judge. Department 2. On October 26, 1917, tbe plaintiffs were the owners of a sawmill on Poodle Creek, near Noti, in Lane County. They were experienced in that line of business, but were without money to purchase sawlogs or operate the mill. The defendants were in the timber and tie business, but were not engaged in the manufacture of lumber. They had sufficient funds to supply the mill with logs and to finance its operation. Under these conditions, on that date the plaintiffs and the defendants entered into a written contract by which the latter agreed to…
1Opinion of the CourtJohns, J.
1. As we analyze the contract, it was not divisible, and there were no independent cove*617nants. It was complete within itself, executed at one time hy certain parties, concerning the one subject matter. The defendants were to furnish the sawlogs and advance the money. The plaintiffs were to manufacture the logs into ties and side lumber. There was a stipulated price for the cost of both the logs and the lumber. In the very nature of things, the mill could not be operated without sawlogs or money. The agreement of the defendants to advance the money for operating expenses was a primary…
2Cases cited2 opinions
- Longfellow v. HuffmanOregon Supreme Court · 1907
- Burkhart v. HartOregon Supreme Court · 1900
3Cited by5 opinions
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