Louisiana Red Cypress Co. v. Kennedy & Denny, Inc.

On March 12, 1923, the plaintiff ordered a carload of lumber with specified grades from defendants, to be shipped to the Patriot Manufacturing Company, of *178Havelock, Nebraska. Defendants shipped the lumber, and when it was received in Nebraska, the lumber was unloaded from the car and found to be defective, in that it was knotty, stained and not of uniform grade, as specified in the order. The lumber was refused by the consignee and later sold for a price less than the invoice. Plaintiff brings this suit against defendants to recover the amount alleged to have been lost.

Defendants denied…