Donlan v. Turner, Dennis & Lowry Lumber Co.

(after stating the facts as above). The position of the- appellants is that, although the District Court was right in holding that the contract, together with the bills of sale, constituted an absolute 'sale and transfer of the title, it fell into error in refusing to hold that they could recover the market value of the lumber destroyed by fire, less advances made by the lumber company on the purchase and the percentages provided by the contract.

We think the construction of the contract as one of sale and transfer of title by Donlan & Henderson to the lumber company was correct. Not only do…