Legal Opinion

Vosburg v. Southern Lumber & Mfg. Co.

Tennessee Supreme Court

Decided December 15, 1922PublishedCited by 7 opinions

FROM DAVIDSON. Appeal from the Chancery Court of Davidson County. — - Hon. Jas. B. Newman, Chancellor.

1Opinion of the CourtJustice McKinney

delivered tbe opinion of the Court.

In October, 1917, the complainant purchased from the defendant, for prompt shipment, about 94,000 feet of pine lumber, 41,000 feet of which was shipped in that year, and on September 7,1920, the bill in this cause was filed to recover damages for failure to deliver the balance.

The chancellor entered a decree in favor of the complainant for $1,514.

The record indicates that time was of the essence of the contract. The lumber was to be shipped promptly, which, in the parlance of the lumber trade, means within a few weeks to fill a special order. It was not…

2Cases cited3 opinions

  1. Tennessee Fertilizer Co. v. International Agr. Corp.Tennessee Supreme Court · 1921
  2. McElroy v. StateTennessee Supreme Court · 1921
  3. Johnson v. CovingtonTennessee Supreme Court · 1922

3Cited by7 opinions

  1. Lamborn & Co. v. Green & GreenTennessee Supreme Court · 1923
  2. Petway v. Loew's Nashville Knoxville CorporationCourt of Appeals of Tennessee · 1938
  3. Houston Bros. v. Dickson Planing MillTennessee Supreme Court · 1929
  4. Washington Mills Co. v. FrohlickCourt of Appeals of Tennessee · 1927
  5. Groseclose v. Cherokee Creamery, Inc.Tennessee Supreme Court · 1936

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