Tolbert v. Burke

This is a suit brought by the plaintiff to-recover the value of a bill of lumber alleged by him to-have been sold and delivered to the defendant.

The plaintiff’s theory was that in the fall of 1889 Mr. Scott, a builder, entered into a contract with the defendant, William Burke, to repair or rebuild a house for him in the city of Ann Arbor. Mr. Scott was to furnish all the materials, including lumber, for $1,350. Mr. Scott, took his bill for lumber, and gave it to Mr. Keech, manager of the plaintiff, Mr. Tolbert, who entered it. upon his order-book. So far there does not appear to be any…