Robert N. Cameron and Jack Crawford v. Vancouver Plywood Corporation

Plaintiffs brought this suit against, Vancouver Plywood Corporation to recover damages for breach of an oral contract to log timber. The action was commenced in the Circuit Court of the State of Oregon for the County of Douglas. It was thereafter removed to the federal district court because of diversity of citizenship.

In a pretrial deposition one of the plaintiffs described the circumstances under which the contract was entered into and the terms agreed upon. Defendant interpreted this deposition as revealing that the contract was one to stifle bidding at a government sale of timber. Asserting that such a contract is contrary to public policy and therefore unenforceable, defendant moved for entry of a summary judgment dismissing the action. The motion was granted, and summary judgment was entered for defendant. Plaintiffs appeal.

The timber concerned, situated in Douglas county, Oregon, was government timber on revested Oregon and California Railroad and reconveyed .Coos Bay Wagon Road grant lands, commonly called “O. and C.” timber. These lands are managed by the Bureau of Land Management, Department of the Inter ior, pursuant to the act of June 9, 1916, 39 Stat. 218 .…