Marquette-Bailey Lumber Co. v. Gibboney

Opinion by

Henderson, J.,

Tbe plaintiff sold to tbe defendant a quantity of lumber. The contract consisted of an order in writing from the defendant and an ¡acceptance in writing by the plaintiff. The subject of the contract was a car load of Wisconsin white pine which was ordered by a letter dated February 21, 1923. The letter contained an order for one-half car of Idaho white pine, but this was not filled because of a lack of the material answering the description in the order. That part of the order relating to the subject of the controversy was in these words: “Also, please enter our order…