Midland Lumber & Coal Co. v. Bean

Taylor, C.

Defendant Thomas Bean, who will be intended by the term defendant. when used herein, erected a dwelling house at Green Isle in Sibley county. He purchased the lumber therefor from plaintiff at its lumber yard at that place and specified fir for the studding, sheathing, and subflooring. He employed a carpenter and contractor named Pinske to do the work. Plaintiff delivered the lumber at the building but delivered hemlock instead of fir for the studding, sheathing, and subflooring. After the building was completed and defendant had occupied it with his family, defects appeared.…