Wineberg Properties, Inc. v. Cascadia Lumber Co.
Wineberg Properties, Inc. v. Cascadia Lumber Co.
Opinion of the Court
In 1951 plaintiff
Defendant’s brief is largely devoted to argument that the term “lumber manufactured,” used in the 1951 contract would not apply to that part of the present operation involving the gang mill. It is argued that the term “lumber manufactured” is of precise meaning and that it does not include merely finishing the lumber in defendant’s planing mill. Defendant cites many cases that have applied a definition to the word manufacture. Words and Phrases devotes more than
Aside from that, however, the evidence discloses that this case cannot be decided by finding and applying a definition of the word manufacture. The real dispute was a factual one involving the purpose for the construction and operation of the gang mill and the relationship of that operation to the 1951 contract. For whose purpose and benefit was the gang mill built, and the true relationship of the gang mill to defendant’s operation became the disputed issue. There was evidence permitting a belief that the gang mill was, in reality, an integrated part of defendant’s mill; that for all practical purposes it was defendant’s operation and that in respect to the 1951 contract, it made no difference whether or not the lumber was first cut in defendant’s mill or in the gang mill. Some of the defendant’s evidence would indicate a different use and purpose for the gang mill. During the course of the trial, in response to questions by the court, defendant’s counsel conceded that for some purposes it sought the same construction of the contract that plaintiff did, i.e., the gang mill was built and operated as an integral part of defendant’s mill.
It is apparent from the record that this was a factual dispute and that the evidence clearly supports the trial court’s resolution of the dispute. Buckler v. Hood River County, 1959, 218 Or 293, 304, 305, 341 P2d 555.
Affirmed.
The sale was by plaintiff’s assignor, but the difference is immaterial.
Reference
- Full Case Name
- WINEBERG PROPERTIES, INC. v. CASCADIA LUMBER COMPANY
- Status
- Published