Abeles & Taussig Lumber & Tie Co. v. Northwest Side Lumber Co.

Mr. Justice, McSurely

delivered the opinion of the court.

Plaintiff brought suit to recover the contract price of a carload of lumber sold and delivered to defendant but rejected, obliging plaintiff to store the lumber and pay storage, demurrage, switching and unloading charges, in a total damage of $810.95. Upon trial by the court the judgment was against the plaintiff and it appeals.

Among other defenses the defendant pleaded that the lumber tendered by the plaintiff to it was defective and not in accordance with the agreement. The burden was on plaintiff to prove that the lumber tendered was…