Columbia Lumber Co., Inc. v. Agostino Agostino v. Columbia Lumber Co., Inc

Appellees, Agostino and Socha, plaintiffs below, in their second amended complaint alleged that on or about March 24,1948 they sold to appellant, Columbia Lumber Company, Inc., defendant below, certain described property located in and around a logging camp consisting of camp buildings, timber rights and valuable equipment and supplies located near the mouth of Mosquito Creek on Prince William Sound in Alaska; that appellees gave possession of all of this property to appellant at its request; that appellant thereby became indebted to and obligated to pay appellees the reasonable value of the property, said value being $37,-412.00; that appellant used and retained the property and refused to pay any amount therefor. Appellees did not seek recovery for the above mentioned sum, their complaint demanding judgment for only $25,000.00.

In general, appellant denied the sale or taking possession of appellees'’ property, save and except brief possession of a bunk house, and two caterpillar tractors belonging to appellees which it removed to its nearby camp to make certain repairs thereon ; alleged an oral contract (later reduced to writing by counsel for Agostino) for the sale and…