Pittenger Equipment Co. v. Timber Structures, Inc.

This is an appeal by the defendant from a decree of the Circuit Court which ordered the defendant to perform specifically a contract, quoted in the complaint, and thereby deliver to the plaintiff 125,000 feet of lumber, or, in the event of failure to do so, suffer judgment to be entered against it in the amount of $5,795.15, the value of the lumber.

The defendant-appellant submits two assignments of error. The first is:

“The court erred in overruling the objection of defendant to a trial of the cause as a suit in equity and in proceeding to make its decree ordering delivery by the defendant to…