Wineberg Properties, Inc. v. Cascadia Lumber Co.

In 1951 plaintiff① sold defendant the timber from a large tract of land owned by plaintiff. As a part of the purchase price, defendant agreed to pay plaintiff seventy-five cents per thousand for all “lumber manufactured” at defendant’s mill. The seventy-five cents per thousand was to be paid for all of the lumber manufactured by defendant, whether or not it came from plaintiff’s land. In 1958, defendant caused a gang mill to be built adjacent to defendant’s mill for the purpose of cutting small logs. The gang mill was built and operated for defendant’s benefit by a third person. The lumber…