Oden-Elliott Lumber Co. v. Daniel-Gaddis Lumber Co.

The suit is assumpsit for damages for breach of contract by defendant in failing and refusing to receive certain poplar lumber that defendant had bought from plaintiff.

Defendant pleaded the general issue and special pleas, averring that the lumber tendered was not according to specifications; that defendant was forced to buy other lumber of the kind specified at an enhanced price, which was offered ás a set-off to plaintiff’s demand.

There was no error in permitting the witness R. D. Stewart to state, as his “best recollection,” that the lumber graded “about 35 per cent. 1 common and better; I…