Loomis v. Graves

This is an action of contract arising from the sale of standing timber by the plaintiff to the defendant. The plaintiff had a verdict; the defendant brings his exceptions here.

On trial, the plaintiff’s evidence tended to show an agreed price of seven dollars per thousand board feet, and an alternate price of twelve dollars per thousand board feet in certain contingencies. The defendant admitted that he agreed to pay seven dollars per thousand, and denied agreeing to pay twelve dollars per thousand in any event. In this state of affairs the defendant offered to show that at the time of the…