Heath v. Michael

This is an action of assumpsit brought by the appellee,. Emory Michael, trading as the Harford Lumber Company,, against the appellant, Spencer Heath, and the Premier PlyWood Company, a corporation.

The declaration contains six common counts and one special count. The special count alleges that the plaintiff sold to the defendants certain lumber therein named and described, which they refused to take, and the plaintiff, as he alleges, suffered loss and damage in the resale of it to others.

The plaintiff in the trial of the case first offered in evidence two orders under which the lumber…