Hartland Colliery Co. v. Burns

TIatoher, President:

Upon the trial in the common pleas court, an instructed verdict was rendered for plaintiff for $244.50, and judgment rendered thereon, from which, defendant prosecutes error.

The suit is for lumber sold by plaintiff to defendant and originated in a justice’s court where, upon trial, plaintiff recovered judgment for $244.25; and upon appeal, the above judgment was rendered. The circuit court declined to review the case.

Defendant purchased the car of lumber in controversy by written order to plaintiff accepted by the latter which shipped the lumber to defendant as directed.…