Hipp-Green Lumber Corp. v. Potter

CLAY, Commissioner. ■. In this action appellees recovered $8,000 damages resulting, from appellant’s claimed breach of a contract to furnish a particular kind of .lumber for use in the construction of a motel near Paducah. On this appeal appellant raises a .number of objections to the pleadings, proof and instructions.

Appellant’s first contention is that it was entitled to a judgment notwithstanding the verdict because appellees’ petition failed to state a cause of action. The petition alleged appellant agreed to sell appellees certain quantities of lumber to be used in the construction of a…