Banks v. Crescent Lumber & Shingle Co.

Plaintiff's assignor is a British Columbia lumber mill. We refer to the mill as plaintiff. Defendant is a lumber broker with its office in Seattle.

Over a 3-week period, defendant executed in triplicate and mailed to plaintiff 67 orders for carload shipments of lumber from plaintiff’s mill in British Columbia to the middle west and eastern sections of the United States. The purchase orders were numbered separately; they specified grade, size, length, finish, and price, which varied in each order. The orders stated: “Terms 2% usual.” The sales manager of plaintiff’s assignor testified this…