Cooke v. Millard

This is an appeal from a judgment entered in favor of defendants, on the report of a referee.

The action is to recover the price of a quantity of lumber, alleged in the complaint to have been sold and delivered by plaintiffs to the defendants.

The defence is a denial of the complaint. The facts, as *244found by the referee, to whom the case was referred, are, in substance, that defendants, who are lumber dealers, and reside at New Hamburgh, on the Hudson, being, on the 5th day' of September, 1865, at Whitehall, N. Y., where plaintiffs, who are also lumber dealers, reside, and desiring to purchase…