Hackworth v. Zeitinger

The plaintiffs are members of a firm composed of four persons engaged in the manufacture of lumber. In April, 1890, the defendant sent a bill for fifteen thousand, five hundred feet of oak lumber to the plaintiffs’ mill, which the plaintiffs agreed to cut and deliver free on board.of cars at a certain switch on the St. Louis & Iron Mountain railroad for $16 per one thousand feet. The plaintiffs cut. and delivered the lumber, and bring this action against the defendant to recover $248, being the contract price of the lumber thus delivered.

The defendant filed his answer and counterclaim,…