Kinkle V. Fruit Growers Supply Co‪.‬

The plaintiff brought suit on a contract for the balance due to him for cutting and hauling logs from defendant's timber land at an agreed price per thousand board feet, together with damages resulting from forced delay in fulfillment of the contract. The answer admits that defendant owes plaintiff the sum of $7,359.55 which was withheld by the defendant pending the litigation, as a guaranty of faithful performance. There is no controversy regarding the last mentioned sum. The cause was tried with a jury. Judgment was rendered in favor of the plaintiff, on account of discrepancies in defendant's measurements of logs, in the sum of $6,777.30, together with damages in the further sum of $376.60, and said withheld amount. From that judgment this appeal was perfected.