Wooton v. Dorr

GRIFFIN, J. About September 20, 1945, plaintiff J. C. Wooton, doing business as the J. C. Wooton Development Company, entered into a written agreement with defendants J. O. and J. M. Dorr, a copartnership, whereby plaintiff would deliver to defendants, who were engaged in building log cabins, etc., in the Big Bear District, certain building materials consisting of specially designed logs which plaintiff was obtaining in Oregon. Certain equipment to be used in connec[782]tion therewith, as well as certain trucks and vehicles for carrying these materials, were included in another contract.

The agreement pertaining to the lumber and materials provides generally that defendants agree to purchase from plaintiff, at inventory prices, all the split logs, lumber and other material plaintiff may have on hand, on an open book account, on assignment. Title was to remain in plaintiff until fully paid for. Defendants agreed to deposit $421.94 (admittedly deposited), as a guarantee of good faith until all accounts were paid. Plaintiff agreed to supply, on consignment, and defendants agreed to pay the prevailing market price for all future sales. In further consideration of the sales rights, defendants agreed to purchase the vehicle and other machinery under contract. Defendants agreed to forward, as soon as received, all cash in full payment for goods sold which were consigned to them. Defendants agreed to pay reasonable attorney’s fees and costs in case plaintiff was compelled to employ an attorney to enforce the agreement.

As a part of this agreement an inventory is attached, signed by the parties, showing that logs and materials inventoried at $4,683.30 were consigned to defendants on September 27, 1946, and were admittedly received by them.

A separate written agreement, on a regular conditional purchase agreement form, was signed by the parties respecting the truck and machinery, at a purchase price of $3,450.72, payable in 24 payments of $143.78 per month beginning November 1, 1946. The property thus described was admittedly received by defendants.

Plaintiff’s complaint alleges that within two months thereafter defendants sold all of said building material, received cash in full for it and refused to pay plaintiff; that the sum of $1,476 paid thereon, together with the deposit of $421.94, leaves a balance of $2,785.36 due; that demand was made for payment.

The second cause of action is based on the equipment sales contract alleging that defendants failed to make the payment due on November 1st and all installments due thereafter; that demand was made and plaintiff declared the purchaser’s rights thereunder terminated in accordance with the agreement ; that defendants refused the demand and are now concealing the whereabouts of the equipment; that the reasonable value thereof is the sum of $3,450.72. In addition to the prayer for a recovery for these amounts plaintiff also seeks attorney’s fees and costs.