Hirsch v. C. W. Leatherbee Lumber Co.

The opinion of the court was delivered by

Pitney, J.

This is an action upon contract, in the nature of an action of assumpsit, brought to recover the market value of eight thousand four hundred and thirty-five railroad ties. Plaintiffs had judgment below. Reversal is sought for alleged trial errors.

Plaintiffs were wholesale lumber dealers, having their principal office in New York City. Defendant was in the same business, with headquarters at Boston. Both parties conducted a part of their business in Brunswick, Georgia, where they severally had wharves for the receipt, shipment and storage of…