Winans

The plaintiff sued the defendant for breach of a contract alleged to have been made between them in March, 1881, in respect to the manufacture Of lumber. The complaint charges that at the time stated the defendant was the owner of two steam sawmills, known as the Champion and Yellow Jacket mills, and of a large quantity of timber lands in the vicinity of the mills—all in Tehama county—together with a lumber yard and planing-mill, and also a water flume, extending from the Champion Mill to the lumber yard and planing-mill, and was also the owner of a large amount of other property, used in and about the manufacture of lumber. That on or about the 15th of March, 1881, defendant agreed to furnish to plaintiff, to be used by him during the lumbering season of 1881, in manufacturing lumber from the defendant’s lands, the aforesaid mills and flume, sixty head of oxen, six horses, all the trucks, chains, etc., pertaining to the mills, all the running.gear for necessary tram-cars, sufficient strap iron and nails to build a strap iron tramway from the *223 Champion to the Yellow Jacket Mill, and all other property either necessary or convenient for the purpose of manufacturing lumber. The…