Marion Steam Shovel Co. v. Aukamp

Respondent is a dealer in new and used power shovels at Portland, Oregon, H. J. Balzer and his wife being the owners of the agency, the Machinery Company being simply a trade name. Balzer was the agent of respondent in Portland. Appellant is a contractor residing and doing business in Yakima. In the spring of 1930, he had a road building contract with the state for the grading and surfacing on a state highway near Lowden in the vicinity of Walla Walla, which required the movement of about 72,000 yards of material, all of which material was sand or sandy loam with no rock or other hard…