Tenny v. Mulvaney

By tbe Court,

Lord, C. J.:

Tbe plaintiffs allege, substantially, that on tbe twentynintli of May, 1878, plaintiffs made an agreement with defendants by wbicb plaintiffs agreed to furnish defendants at tbeir boom in Pass creek, in Douglas county, good, sound, merchantable logs for tbe agreed price of four dollars and twenty-five cents per one thousand feet; and defendants agreed to scale and pay for each one hundred thousand feet when placed in floating water above tbe boom;

That plaintiffs delivered in said boom one hundred and sixty-five thousand one hundred and sixty-nine feet of *514good, sound,…