Hansen Pacific Corp. v. Buck Mountain Logging Co.

Plaintiff’s complaint set forth two causes of action, (1) specific performance and (2) breach of contract. Defendant’s demurrer to the first cause was sustained and thereafter, upon motion of plaintiff, this cause was dismissed without prejudice. The demurrer to the second cause was overruled and the case proceeded to trial on the second cause, breach of contract. At the conclusion of plaintiff's case, defendant’s motion for a nonsuit was granted and this appeal followed.

Plaintiff, a manufacturer of timber, desired to purchase certain timber and timberlands from the defendants. The negotiations of the parties culminated in a meeting between the presidents of both corporations in the office of defendant’s *828 attorney. As a result, defendant’s counsel drafted the following document, which was signed by both parties: .

Thereafter, defendant’s counsel delivered to plaintiff’s counsel a copy of said agreement and certain title reports, which contained descriptions of the lands and timber described in plaintiff’s complaint.

On August 19, 1955, the following letter was received by defendant:

The record discloses no further communication between the parties until about September…