Hershey Lumber Co. v. St. Paul Sash, Door & Lumber Co.

The complaint alleged that the plaintiff sold and delivered to tbe defendant a car load of lumber for $202.46, wbicb smn it agreed to pay in 60 days. Tbe answer admitted tbis cause of action, and alleged as a counterclaim that tbe plaintiff sold and agreed to deliver to tbe defendant a certain lot of lumber for tbe *450price o-f $7,102.50, and delivered one car load thereof, being the same lumber mentioned in the complaint; that the plaintiff, without default on the part of the defendant, refused to deliver the balance of the lumber, though requested so to do, to the damage of the defendant in…