Albemarle Lumber Co. v. . Wilcox

* Head-notes by AVERY, J. Calvin Conard testified as follows to contract, dated July 26, 1888: "I contracted in said writing to sell plaintiff 4,500,000 feet of lumber. In pursuance thereof, I shipped two cargoes last January, on schooners Hill and Scud, from Smith's Creek, Pamlico County, at mills of Harrison Betts. The Hill's cargo was shipped January 29, 1889, and the Scud's on January 31, 1889. The entire lumber was delivered to plaintiff's company on board said vessels at Smith's Creek, and the delivery was there made. It was not measured there; settlement was to be made by measurement…