Builders Supply & Fuel Co. v. Huntington & Fink Co.

VICKERY, J.:

Epitomized Opinion

The H. & F. Co. agreed to furnish a certain quantity of laths to the Supply Co. and did furnish several carloards but on Nov. 10, 1919 the H. & F. Co. notified the Supply Co. that by reason of a five in the mill the former company would be unable to furnish any more laths until the following year. The Supply Co. did not at the time treat this letter as an announcement of a breach but urged compliance with the contract. The Supply Co. failed to pay for three carloads of laths which had been delivered according to the terms of the contract and the H. & F. Co.…