Mackay

This was an action by a contractor to recover damages for breach of a logging contract. Under the terms of the contract, the contractor agreed to saw, swamp, skid, and otherwise log and deliver all the merchantable timber on certain described lands; to land the logs on the railroad right of way of the lumber company and deck them in such manner as would facilitate loading on the ears, the back end of the skidways to be not more than 65 feet from the track; to cut the logs in such [lengths as might be required by the lumber company; to furnish all supplies and equipment; to submit pay rolls on the 15th and last day of each month; to cut the ground clean to the back end of the job as work progressed, the cutting to be done where the lumber company might specify; that on government timber the work should comply with government specifications, rules and regulations, and to deliver all logs on the railroad right of way on or before September 1, 1926. The lumber company, on the other hand, agreed to pay the pay rolls of the contractor, ‘ provided the contractor had sufficient credit accrued at the time of payment to take care of all indebtedness due the lumber company, including the pay…