Paxton Lumber Co. v. Panther Coal Co.

Lynoh, Judge:

Paxton Lumber Company, Incorporated, a corporation engaged in the purchase and sale of lumber, sued Panther Coal Company, also a corporation, whose principal occupation or business is the production and sale of coal, and incidentally only the manufacture of lumber, in assumpsit upon an account filed with the declaration for the value of timber contracted by defendant to be manufactured and delivered to plaintiff, but which, it is alleged, was neither manufactured nor delivered pursuant to the terms and requirement of the contract; and the Paxton Lumber Company prosecutes this…