Gillett v. Bowman

Bowman, as assignee of Henry Turner, brought suit against Gillett & Turnbull for the delivery of cedar timber under the following contract:

“It is hereby agreed by and between Henry Turner of the first part, and J. Gillett & Co. of the .second part, witnesseth: The said first party hereby agrees to deliver over the rail of vessels all the cedar timber now lying on the beach and in Devil river, being the same timber got out by said second party during the winter of 1876 and 1877, for the following prices: All the paving timber, for seventy-five cents a cord; all fence posts for one cent apiece;…