Manley

Plaintiff recovered judgment for the sum of $5,252.20, balance alleged to be due on a certain contract for the sale and purchase of lumber, together with interest thereon at the rate of 7 per cent per annum from the twentieth day of June, 1921. Prom this judgment the defendant appeals.

On the twenty-eighth day of April, 1920, the plaintiff, as the party of the first part, and the defendant, as the party of the second part, entered into a written contract for the sale by the plaintiff to the defendant and purchase by the defendant from the plaintiff of certain lumber to be manufactured by the plaintiff according to specifications to be thereafter furnished to the party of the first part by the party of the second part in said contract. The contract specifies the kind of lumber to be furnished, the length, width, and thickness for the sawing of said lumber, and after providing for the quality of the same, contains the following provision:

“Said party of the second part agrees to pay for such lumber at the rate of forty-one dollars per thousand, P. O. B. Gregory, Oregon, said lumber to be tallied or graded on to the car. Said party of the first part guarantees that said lumber…