Gray v. Dautel

Levi Wherry & Son, having a carpentry contract under the defendant in error, bought lumber therefor from the plaintiff in error to whom they gave the following order on defendant in error:

*365“Cleveland, Ohio, Oct. 4, 1901.

“Messrs. L. Dautel & Son,

‘ ‘ City.

“Please pay to Ralph Gray thirty-five hundred dollars ($3500.00) and charge the same to our account.'

“Levi Wherry & Son.”

On the following day plaintiff in error collected on this order all that was then due Levi Wherry & Son, to wit, $1,500, leaving $2,000 still owing thereon. Defendant in error, on making this payment, endorsed on the order:…