Northwestern Lumber Co. v. Cornell

• Decision Date: 27 December 1917
• Docket Number: 14103.
• Citation: 99 Wash. 250,169 P. 590
• Court: Washington Supreme Court
• Parties: NORTHWESTERN LUMBER CO. v. CORNELL et al.

169 P. 590

99 Wash. 250

NORTHWESTERN LUMBER CO. v. CORNELL et al.

No. 14103.

Supreme Court of Washington

December 27, 1917

Department 1. Appeal from Superior Court, Pierce County; C. M Easterday, Judge.

Action by the Northwestern Lumber Company, a corporation, against D I. Cornell and E. C. Cornell, doing business under the firm name of Cornell Bros. Judgment for defendants, and plaintiff appeals. Reversed, with directions.

Morgan & Brewer, of Hoquiam, for appellant.

C. M Riddell, of Tacoma, for respondents.

MAIN J.

The purpose of this action was to recover the balance claimed to be due for lumber sold and delivered. The defendants denied liability, the cause was tried to the court without a jury and resulted in a judgment dismissing the action. From this judgment the plaintiff appeals.

The facts are these: The appellant is engaged in the lumber business at Hoquiam. The respondents, under the firm name of Cornell Bros., were engaged in the contracting business, with their principal office in the city of Tacoma. During the summer of the year 1914 the Northwestern Mausoleum Company or the Mausoleum Sales Company of Seattle was constructing a mausoleum in the city of Hoquiam. One W. K. Steele, an engineer, was superintendent of the construction. From time to time during the three or four years previous Steele had been employed as an engineer by the respondents, and in this capacity during the early part of the year 1913 superintended certain construction work in the city of Hoquiam which the respondents were doing for the appellant. When Steele went to Hoquiam for the purpose of superintending the construction of the mausoleum, he visited the office of the appellant and desired to arrange to purchase lumber for that purpose. He stated that Cornell Bros. were about to construct a mausoleum in Hoquiam, and that he desired to purchase lumber upon their credit. This credit was extended, and, upon orders from Steele, lumber, from time to time, was delivered by the appellant.

The appellant's evidence, if true, shows that the original invoices, as the lumber was delivered, were mailed to Cornell Bros., at Tacoma, and the duplicates were mailed to Steele in Hoquiam. E. C. Cornell, a member of the firm of Cornell Bros., testified that that firm did not receive the invoices. The mausoleum was to be constructed under the supervision of E. C. Cornell, representing the respondents, and for this the respondents were to receive 10 per cent. of the money expended for labor and material in the construction thereof. From time to time, after the work was begun, Steele would mail to the respondents a statement of the amount due for labor and material, and the respondents, in turn, would mail these statements to the mausoleum company, that company would draw its check for the amount payable to the respondents, who thereupon would remit to Steele. In the construction work the respondents furnished a concrete mixer and some other equipment. During the time the work was...