Busch v. Kilborne

Kilborne, who was plaintiff below, sold certain logs to Busch. The agreement was in writing and contained a provision that the logs were to be scaled and agreed upon by the parties. Kilborne and Busch, on four different occasions, met and scaled some of the logs, and made a memorandum of the quantity and quality thus scaled, which was satisfactory to both parties, and the logs so sealed were marked with Busch’s mark. Afterwards Busch went to scale some more of the logs, and Kilborne not appearing to assist as before, he went on and scaled in the neighborhood of six thou-0nd, which were put in…