Holmes Eureka Lumber Company v. Mitchell-Dorr Realty Company

222 F.2d 871 HOLMES EUREKA LUMBER COMPANY, a corporation, Appellant, v. MITCHELL-DORR REALTY COMPANY, a corporation, in dissolution and winding up, William W. Crapo, Donald F. Hyde, Stuart G. Morley, Thomas M. Morley, Emil A. Tessin, Lizzie Stapleton and Clement P. Quinn, and the survivors or survivor of them, as Liquidating Trustees of Mitchell-Dorr Realty Company, a corporation, Appellees. No. 14150. United States Court of Appeals Ninth Circuit. May 31, 1955. Rehearing Denied July 27, 1955. L. W. Wrixon, Carl R. Schulz, San Francisco, Cal., George A. Corbett, Eureka, Cal., for appellant. Herbert W. Clark, Alfred L. Gibson, Richard J. Archer, Morrison, Hoffeld, Foerster, Shuman & Clark, San Francisco, Cal., Robert H. Cook, Cook & Cook, Saginaw, Mich., for appellee. Before HEALY, BONE and ORR, Circuit Judges. ORR, Circuit Judge. 1 In the year 1941 appellees were owners of merchantable redwood timber situate on land in Humboldt County, California. Appellant was engaged in a sawmill operation. Appellees entered into a written contract with appellant to sell standing timber to it. The instant case stems from a dispute as to the meaning of a clause of that contract which…