Schenk & McDonald v. Worthen Lumber Mills

The defendant in error brought this action in the court below to recover $1,900.03, alleged to have been overpaid the plaintiffs in error, defendants there, for certain logs theretofore delivered to it by the defendants to the action. The mili of the plaintiff company is located at *721 Juneau, Alaska, and the logs respecting which the respective parties contracted were to be cut upon the forest reserve of the government in Alaska, and, according to the record, were to be received by the milling company when dumped into the water and properly boomed by the sellers. One of the essential portions of the two written contracts into which the parties entered was a stipulation to the effect that such delivery should take place not exceeding a certain stipulated number of miles from the mill of the plaintiff company.

With the exception of the price per thousand feet of the logs and of the number of miles just referred to, the two contracts are in all essential particulars the same, so that it will be sufficient to set out the substance of the first one, which was entered into on the 27th day of March, 1916, by which, the defendants 'to the action agreed to furnish and deliver to the…