Willamette Steam Mills Lumbering & Manufacturing Co. v. Union Lumber & Supply Co.

The complaint contains two counts, — one for the value of certain posts and lumber alleged to have been sold by plaintiff to defendant, and delivered at Burwell, in Los Angeles County, and the other for certain other lumber sold and delivered by plaintiff to defendant, to be used in the normal school building. The court found that defendant was indebted to plaintiff on the first count in the sum. of $722.59, and on the second count in the sum of $715.23, and rendered judgment for the plaintiff for the sum of said two amounts, viz., $1,437.82. Defendant appeals from the judgment, and from an order denying a new trial,

1. As to the first count, it appears that there had been a special contract between the parties, by which plaintiff was to deliver to defendant at Burwell 39,340 feet of fencing lumber, and 1,064 split posts, for $782.48, terms, “ spot cash upon delivery of the total amount of lumber and posts.” The plaintiff delivered nearly all of the lumber mentioned in the contract, and it was accepted and retained by defendant; but there was a dispute. between the parties as to whether the total amount had been delivered, and defendant refused to pay anything, upon the theory…