Hurst v. W. J. Lake & Co.

This action was previously before the court (Hurst v. Lake & Co., Inc., 141 Or. 306 (16 P. (2d) 627)) on an appeal from a judgment on the pleadings in favor of defendant; the judgment was reversed and the cause remanded. Thereafter, the cause came on for trial; both parties waived a jury and submitted their evidence to the court. The court made findings and conclusions in favor of plaintiff and entered judgment in conformity thereto. Defendant appeals.

The appellant presents the same question regarding custom or usage of trade affecting the meaning of terms used in contracts in connection with…