Edward J. Moran and Thomas J. O'loughlin, Doing Business as Moran Lumber Co., a Copartnership v. H. W. S. Lumber Co., Inc.

Appellants, defendants below, appeal from a judgment entered against them as an outgrowth of a jury trial in the district court. We affirm.

BACKGROUND

Appellee is an Oregon corporation, which was formerly known as Morgan-Staley Lumber Company. Its name was changed to H.W.S. Lumber Company, Inc., on October 17, 1972. Appellants are residents of the state of Pennsylvania. During the years in question, appellee was in the business of selling at wholesale, lumber and lumber products, and, under an agreement with appellants, arranged sales of lumber in Pennsylvania and surrounding states.

During the years under scrutiny, the appellee arranged shipments of lumber on appellants directions and invoiced the customers direct. The customers paid appellee. If there was a profit on the transaction, as determined by appellee, one-half of that profit would be credited to appellants’ commission account, maintained by appellee. If there was a charge against the sale, as determined by appellee, one-half of that charge was debited to appellants’ commission account.

Between the dates of December, 1965, and April 25, 1966, under the agreement between the parties, the appellee made…