Valley Timber Sales, Inc. v. Midway Forest Products, Inc.

Valley Timber Sales appeals from a judgment rendered in favor of Midway Forest Products.

Midway is engaged in the wholesale lumber brokerage business and is located in Spanish Fort, Alabama. Valley, operating out of Virginia and in response to an advertisement by Midway, placed an order for certain timber. Essentially, the parties' agreement contemplated the sale of a number of rail carloads of timber, at a price of $340 per thousand board feet, to be delivered at various times in an approximate seven-month time period.

Midway, a timber broker, made arrangement with a mill to fill the…