ELLETT, Justice:
Pursuant to a written contract with the defendant, plaintiff mined gilsonite ore from the defendant's mine and hauled it to its processing plant, for which he was to be paid $17 per ton. The dispute in this case arises over the amount of tonnage which was delivered to the defendant. This appeal is from a judgment in favor of plaintiff.
There were no scales within 90 miles of the work being done, and for that reason the plaintiff occasionally...
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