Interstate Lumber Co. v. Whitfield-Baker Co.

The Interstate Lumber Company brought suit against the Whitfield-Baker Company for $400, the balance of an account for lumber cut and delivered to the defendant. Upon an agreed statement of facts the case was submitted to the judge without the intervention of a jury. From the record it appears that the plaintiff received the order for the lumber from the defendant on February 4, 1910, and that delivery of the lumber was made to the defendant on March 2 and March 3, 1910. While the formal order sent by the defendant to the plaintiff specified February 26 as the date for delivery, yet the…