Herzfeld Lumber Co. v. Langley

’ SAMFORD, J.

This action is grounded on two contracts for the salé of lumber; counts 1, 2, 3, and 4, claiming under the common counts for the entire purchase price of one carload shipped on defendants’ order to Chattanooga, Tenn., and counts 5 and 6 claiming for a balance due on the purchase price of a carload shipped on defendants’ order to Buffalo, N. Y. For convenience in dealing with the assignments of error, we will follow the order as outlined in appellants’ brief. No brief has come to the hands of the court for appellees.

The Buffalo car was shipped under a written order, dated May 22,…