DocketNumber: No. 15149
Citation Numbers: 106 Wash. 647
Judges: Tolman
Filed Date: 5/9/1919
Status: Precedential
Modified Date: 8/12/2021
This case has already been before this court, and was reversed for failure of the trial court to make findings of fact and conclusions of law. Colvin v. Clark, 83 Wash. 376, 145 Pac. 419. While this ac
Appellant contends that the decision last referred to is fully decisive of all of the issues involved in this appeal. While the respondent contends that, though this court held in the case decided in 101 Wash., that the timber cut was paid for according to an admittedly correct scale kept by the defendant, yet in this case the mill or log scale kept by the defendant was repeatedly and continually challenged; and therefore invites us to hold that the scale as kept was incorrect, and that respondent should be permitted to recover in this case at the contract price for the difference between five million feet of merchantable timber, estimated at the time of the making of the contract to be in the north tract, and the amount paid for according to the defendant’s scale, less 390,000 feet, the amount estimated to be still standing at the time of the trial below. This has necessitated an examination of the evidence relating to the log scale kept by the defendant, and we have read the whole record carefully, but find nothing therein which directly challenges the accuracy of the scale as kept. Respondents’ case was presented upon the theory that there was admittedly five million feet of merchantable timber in the north
Mackintosh, Main, and Fullerton, JJ., concur.