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HALLINAN MACKIN LBR. v. ESQUIRE LBR.

231 Or. 341 (1962)

372 P.2d 781

HALLINAN MACKIN LUMBER CO. v. ESQUIRE LUMBER COMPANY

Supreme Court of Oregon.

Affirmed June 27, 1962.

Attorney(s) appearing for the Case

Boyd J. Long, Portland, argued the cause for appellant. On the brief were Boyrie & Miller and F. Brock Miller, Portland.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were Koerner, Young, McColloch & Dezendorf and Herbert H. Anderson, Portland.

Before McALLISTER, Chief Justice, and WARNER, PERRY and SLOAN, Justices.

AFFIRMED.

SLOAN, J.

This was an action for an alleged breach of warranty in the sale of lumber from defendant to plaintiff. Plaintiff alleged that the lumber was sold upon an agreement that the lumber would contain a maximum of 12 percent moisture. The case was tried to the court without a jury. The court found for plaintiff. Defendant appeals. The issue most seriously urged by defendant is the claim that the court admitted evidence which varied the terms...

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