Kanaskat Lumber & Shingle Co. v. Cascade Timber Co.

Citations

• 80 Wash. 561
• 142 P. 15
• 1914 Wash. LEXIS 1359

Syllabus

<p>Sales—Contracts—Construction. A contract whereby one party agrees to furnish the other all the cedar logs cut by it in a specified township upon lands now owned or hereafter purchased, as such cedar logs are reached by it in its logging operations, and to deliver the logs cut to the second party at its shingle mill to be erected and located adjacent to the first party’s railroad track, and the second party agrees to purchase of the first party all the cedar logs cut by it from said township as cut and delivered at said mill, and pay for same at the rate of $5.50 per thousand feet B. M., but the price to be adjusted from time to time according to the Tacoma market, and to be at all times $1.50 per thousand feet B. M., less than the Tacoma market price, the agreement to be in force for a period of ten years from its date, constitutes a mutual contract of sale.</p> <p>Same—Construction by Parties. Under such a contract, where the logs supplied varied from year to year in amount, and the delivery, whether greater or less, was accepted without question, the fact that the second party erected a shingle mill for the purpose of manufacturing the logs, and that both parties had mutually performed their agreements for a period of six years, could not be construed as a construction of the contract by the parties to the effect that the first party was bound to keep the second party’s mill in operation for the period named in the contract.</p>