California Sugar & White Pine Co. v. Whitmer Jackson & Co.

OPINION OF TPIE COURT

BICKLEY, J.

Plaintiff (appellant) sued defendant (appellee) for damages for breach of contract to purchase lumber, to be delivered at Albuquerque, N. M., in weekly installment shipments, commencing in the early part of July, 1920, and to proceed at the rate of one carload a week, 32 weeks being required to complete the deliveries and allowing for time in transit. The contract could thus have been fully performed in February, 1921. This construction was invited by plaintiff and was liberal to it and is not complained of.

Appellant makes no complaint here as to the court’s…