Donlan & Henderson v. Turner, Dennis & Lowrey Lumber Co.
District Court, D. Montana
At Law. Action by Donlan & Henderson against the Turner, Dennis & Lowrey Lumber Company, a corporation, of Jackson, Mo., with equitable defense.
1Opinion of the Court
BOURQUIN, District Judge.
[1] Each party alleges the other’s defaults in performance of a somewhat novel written contract made April 16, 1920,.which contract is as follows: That plaintiffs “sell” and defendant “buys” some 2,000 M feet of lumber in a local yard and all there “to be * * * cut” to January 1, 1921; that immediately “the vendees shall pay to the vendors, as an advancement hereon, the sum of $20.00 per M feet on all” existing lumber, and “shall also pay and advance” the like sum on future lumber, on inventory by the 10th of each month of piles in the yard; that “the vendees shall…
2Cited by1 opinion
- Turner, Dennis & Lowry Lumber Co. v. St. Paul Fire & Marine Ins.District Court, D. Montana · 1923