Portland-Columbia Lumber Co. v. Feak

Ninth Circuit

Portland-Columbia Lumber Co. v. Feak

186 F.2d 358

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 11, 1951

Docket12521_1

StatusPublished

This text of 186 F.2d 358 (Portland-Columbia Lumber Co. v. Feak) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Portland-Columbia Lumber Co. v. Feak, 186 F.2d 358 (9th Cir. 1951).

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Opinion

PER CURIAM.

The appellant contends that as a matter of law the jury could not find that t)he ap-pellee was diligent and timely in the conduct of the resale of the lumber and that there was no evidence that appellee’s alleged resales were timely or were made in good faith, by way of reducing the appellant’s damages for breach of contract. The line between questions of fact and of law is frequently narrow but in the instant case the acts done by the appellee to reduce the appellant’s damages were sufficient and were clearly demonstrated by the evidence. The trial judge committed no error in sending the case to the jury. The judgment is affirmed.

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PER CURIAM.

The appellant contends that as a matter of law the jury could not find that t)he ap-pellee was diligent and timely in the conduct of the resale of the lumber and that there was no evidence that appellee’s alleged resales were timely or were made in good faith, by way of reducing the appellant’s damages for breach of contract. The line between questions of fact and of law is frequently narrow but in the instant case the acts done by the appellee to reduce the appellant’s damages were sufficient and were clearly demonstrated by the evidence. The trial judge committed no error in sending the case to the jury. The judgment is affirmed.

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186 F.2d 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/portland-columbia-lumber-co-v-feak-ca9-1951.

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