Gillette v. Manitowoc Church Furniture Co.

The evidence established, without dispute, that on February 9, 1924, the plaintiff sold and delivered a carload of lumber to the defendant, and that it was entitled to credit for $325.62 on account of payments made by defendant to plaintiff or for his benefit. An additional credit of $331.08 was at first denied by plaintiff, but conceded during the course of the trial. The principal issue submitted to the jury was whether the defendant agreed to pay to plaintiff the market price of the lumber, which the jury found to be $996.97, or only such amount as defendant’s *146president thought the lumber…