Bullock v. Consumers' Lumber Co.

Citations

• 3 Cal. Unrep. 609
• 31 P. 367
• 1892 Cal. LEXIS 1016

Syllabus

<p>Jury—Eight of Court to Call.—Though both parties to an action which Code of Civil Procedure, section 592, provides must be tried by a jury, unless a jury trial is waived, waive the trial by jury, the court has the right to call a jury for the trial of the cause.1</p> <p>Contract for Saw-logs—Testimony as to Party’s Understanding. In an action on a contract for saw-logs sold and delivered the controversy was as to the meaning of a clause in the contract which stated that the logs were “to be scaled by licensed scalers by the quarter scale, with ten per cent deducted for waste.” It was claimed that the terms “by the quarter scale” and “for waste” were technical terms, having a particular meaning in the locality where the timber was sold, and testimony of the licensed sealers was introduced to show their meaning. Held, that testimony of the one who made the contract on behalf of defendant, as to what he understood by the terms at the time he made the contract, was inadmissible.</p> <p>Contract for Saw-logs—Extrinsic Evidence.—Defendant offered to prove by the same witness that by reason of his belief as to the terms of the contract he agreed to pay one dollar per thousand moré for the logs than he would otherwise have paid, and also offered to show from the “mill tally” the quantity of merchantable lumber obtained from the logs. Held, that this evidence was properly excluded, the price as well as the mode of ascertaining the quantity of lumber being fixed by the contract.</p> <p>Contract for Saw-logs—Testimony as to Understanding of Parties.—Defendant offered to prove that the words “for waste” in the contract were understood by both parties to mean the cut of the saw after the logs had been squared by the quarter scale, with all deductions for rot, rotten knots, sap, and shakes. Held, that the evidence was not admissible, unless defendant could show that those terms in the agreement have a technical meaning, and apply simply to the cut of the saw.</p> <p>Corporatio