Fred G. Jones & Co. v. Sanford

This is a suit for damages for the breach of an alleged contract to deliver two carloads of lumber, pursuant to a sale thereof, the damages consisting of the expense to which plaintiff alleges it was put to on account of the breach, the loss of profits caused by the breach, and attorney’s fees for prosecuting this suit, the damages aggregating $2,861.35. The main defense, and the only one upon which defendant relies here, is that no such contract as the one alleged by plaintiff was entered into.

The contract alleged results from certain letters and telegrams between plaintiff and defendant. It…