MONGER ET UX. v. DIMMICK ET AL.


187 Or. 253 (1949)

210 P.2d 929

MONGER ET UX. v. DIMMICK ET AL.

Supreme Court of Oregon.

Affirmed October 25, 1949.


Attorney(s) appearing for the Case

R.L. Whipple, of Roseburg, argued the cause for appellants. With him on the brief were Orcutt & Long, of Roseburg.

Louis Hoffman, of Eugene, argued the cause for respondents. On the brief were Bailey & Hoffman, of Eugene.

Before LUSK, Chief Justice, and BRAND, ROSSMAN, BAILEY, HAY and PAGE, Justices.


HAY, J.

On January 7, 1944, the plaintiffs, as vendors, entered into a contract in writing with the defendant Carrol C. Dimmick, doing business as Dimmick Logging and Lumber Company, as purchaser, for the sale of all of the merchantable timber upon certain lands belonging to plaintiffs in Douglas County, Oregon. The agreed price was to be $1.50 per M. board feet for red and yellow fir and ponderosa pine, $5.00 per M. board...

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