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The Eagle Lake Lumber Company was a corporation maintaining and operating a sawmill at Termo,, in Lassen County, California. It owned or had under contract sixteen hundred acres of timber land which it- held in connection with its mill.

On June 25, 1919, the defendant Eagle Lake Lumber Company entered into a contract with the plaintiff whereby the company was to sell to plaintiff, the respondent herein, “the first three million feet board measure of mill run white pine lumber” to be cut in the company’s mill. .The cutting was to begin immediately and the plaintiff was to have all of the cut continuously until the entire three million feet had been delivered, excepting that the company reserved the right to-sell locally two hundred thousand feet board measure and eight hundred thousand feet board measure to make into railroad ties. This contract left the rapidity with which the lumber was to be supplied, and the time in which its delivery should be completed, indefinite, and by a later supplemental contract it was provided that not less than three-fourths of all of the cut of the mill during the period from June 25 to December 15, 1919, should be delivered to plaintiff, the…