Allen v. Tacoma Mill Co.
Washington Supreme Court
Appeal from Superior Court, Pierce County.—Ifon. Thomas Carkoll, Judge. Action to recover the value of certain saw logs and boom-sticks converted by defendant to its own use.
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Appeal from Superior Court, Pierce County.—Ifon. Thomas Carkoll, Judge. Action to recover the value of certain saw logs and boom-sticks converted by defendant to its own use. Under a contract to sell defendant a quantity of good, merchantable fir saw logs, plaintiff's assignor delivered at defendant’s mill a raft of logs which were scaled by defendant, and out of a total number of 489 logs, 364 were scaled and accepted, and certain cedar logs, fir logs and boom sticks were rejected. The 364 accepted logs scaled 227,128 feet, and that quantity of logs was paid for at an agreed price, the…
1Opinion of the Court
The opinion of the court was delivered by
Gordon, J.
This was an action brought to' recover the value of certain saw logs and boom sticks, the property of *218plaintiff’s assignor, which the complaint alleges the appellant (defendant below) converted to its own use. In addition to denying the allegations of the complaint, the answer affirmatively alleged that the plaintiff’s assignor sold defendant a raft of logs containing 227,128 feet for the sum of $988, and that the same included the logs described in the complaint. That a settlement was had between the parties in relation to said logs,…
2Cases cited2 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Shotwell v. HamblinMississippi Supreme Court · 1851
3Cited by14 opinions
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- Shannon v. PrallWashington Supreme Court · 1921
- Grandview Inland Fruit Co. v. Hartford Fire InsuranceWashington Supreme Court · 1937
- Kilbourne v. KilbourneWashington Supreme Court · 1930
- Phelps Lumber Co. v. Bradford-Kennedy Co.Washington Supreme Court · 1917
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