Lane

The plaintiff recovered judgment in the trial court and the defendant has appealed.

About March 1, 1923, the parties entered into an oral contract “whereby plaintiff was to fall, limb, buck and deliver on board the cars . . . logs from an agreed logging area . . . for the price or sum of nine dollars per thousand feet.” The following allegations of the complaint are denied by the answer: It was agreed that “if as a result of the demand of the employees of plaintiff the working day was reduced from ten hours as theretofore in effect to eight hours that the price per thousand feet should be ten dollars instead of nine dollars. . . . After the commencement of logging operations under said contract the employees of plaintiff and the employees of defendant refused to continue their employment working ten hours a day and from and after April 25th, 1923, the employees of plaintiff did work only eight hours per day.” The demand is for compensation at the rate of $10 per thousand feet. As a see ond cause of action it is alleged that it was agreed “that work under said contract was to be commenced as soon as weather conditions permitted in the spring of 1923, and was to continue so long as…