McCormick Saeltzer Co. v. Grizzly Creek Lumber Co.

These are actions, tried jointly upon an alleged promise of defendant Grizzly Creek Lumber Company to pay the indebtedness of Shasta Mill and Lumber Company to the respective plaintiffs', for goods and merchandise sold and delivered. By stipulation both eases were submitted on the same evidence. The defendant Shasta Mill and Lumber Company defaulted. Both plaintiffs had judgment as prayed for. For convenience the Grizzly Creek Lumber Company will be referred to as defendant.

The Shasta Mill and Lumber Company was operating a lumber mill in Shasta County. It was indebted to plaintiff McCormick Saeltzer Company in the sum of $982.69 and to plaintiff Redding Feed Company in the sum of $598.71 for merchandise sold and delivered. The evidence disclosed but one other outstanding debt to Miles & West-over for $3,500 for stumpage. The defendant Grizzly Creek Lumber Company was incorporated March 26, 1920. This corporation was promoted by J. T. Reed and W. L. Whitaker. They were also the principal stockholders. The others were mere nominal stockholders. Reed became president and Whitaker secretary. John F. Barnett was their attorney, also attorney for the Grizzly Creek Lumber Company as…