Tremont Lumber Co. v. Robinson Lumber Co.

OVERTON,' J.

This suit was brought by plaintiff to recover judgment against defendant for $1,459.55, for the price of a carload of lumber, with legal interest on said amount, less a credit, due defendant on a prior account, amounting to $22.15. Defendant filed an answer, in which it denies that it is indebted to plaintiff in any sum whatever, and for reason, states that plaintiff breached the contract for the delivery of said lumber by not delivering it within the time specified in the epntract, time being of the essence thereof, and that this breach caused the firm to which defendant had sold…