Riedinger v. Diamond Match Co.

Citations

• 123 F. 244
• 60 C.C.A. 1
• 1903 U.S. App. LEXIS 3984

Syllabus

<p>1. Logs and Logging—Implied Contract—Merger in Subsequent Express Contract.</p> <p>Where defendant, operating a boom in a river, into which logs of various owners were driven, made an express contract with plaintiff to sort and saw his .logs delivered in the jam above the boom with reasonable dispatch, a previous implied contract to sort and deliver such logs with reasonable dispatch as they came down the river, by reason of defendant’s operation of the boom, was merged in the express contract.</p> <p>2. Same—Judgments—Res Judicata.</p> <p>Where the entire loss to plaintiff from the depreciation in value of certain logs resulted from a postponement of manufacture of the logs in consequence of defendant’s breach of contract, and in a former action, in which plaintiff recovered judgment, the damages were charged to the delay in sawing the logs, such judgment was a bar to a subsequent action based on the theory of a breach of an implied contract by defendant, as the owner of a boom, to sort and deliver the logs below the boom with reasonable dispatch; such delay being included in the postponed manufacture of logs.</p>