Salisbury v. Brooks

Lynch, President:

On January 23, 1909, Salisbury and Brooks entered into the agreement out of which this controvery has arisen-. Is it a contract of sale, or a contract pf agency to sell the lumber manufactured from timber on lands owned and controlled by Salisbury in Webster county? The answer to that question virtually determines the issues between the parties. Construing it as a contract of sale, the trial court overruled the demurrer to the evidence interposed by defendant, after each party had introduced his proof before the jury, and entered judgment for plaintiff upon the conditional…