Grant Selsor & Sons Lumber Co. v. Wood

CROW, Judge.

Plaintiff, Grant Selsor & Sons Lumber Company, Inc., sued Defendant, Tom L. Wood, alleging he ordered 10,000 pieces of lumber from Plaintiff, specially cut to specific dimensions, at an agreed price of $9,602; that Plaintiff “shipped a majority of the order to Defendant” and later notified him that the remaining portion “was ready for delivery at his direction”; that Defendant, although promising to “send a check,” never paid anything.

Defendant counterclaimed, alleging the lumber received from Plaintiff “was nonconforming as to the specifications agreed upon”; that he incurred…