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WINEBERG PROPERTIES v. CASCADIA LBR. CO.

246 Or. 58 (1967)

423 P.2d 173

WINEBERG PROPERTIES, INC., Respondent, v. CASCADIA LUMBER COMPANY, Appellant.

Supreme Court of Oregon.

Affirmed February 1, 1967.

Petition for rehearing denied February 21, 1967.

Attorney(s) appearing for the Case

John F. Reynolds, Portland, argued the cause for appellant. On the briefs were McCormick & Reynolds, Portland.

Bruce W. Williams, Salem, argued the cause for respondent. On the brief were Williams, Skopil & Miller, Salem.

Before PERRY, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED.

SLOAN, J.

In 1951 plaintiff1 sold defendant the timber from a large tract of land owned by plaintiff. As a part of the purchase price, defendant agreed to pay plaintiff seventy-five cents per thousand for all "lumber manufactured" at defendant's mill. The seventy-five cents per thousand was to be paid for all of the lumber manufactured by defendant, whether or not it came from...

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