Guernsey v. West Coast Lumber Co.

Hayne, C.

This was an action for damages for the breach of a contract to buy lumber. The contract provided that the defendant should buy all the lumber “of good, merchantable quality” which should be manufactured by the plaintiff during the year 1888 at his mill in San Bernardino County, and contained the following clause:—

“ Said lqmber shall be of such sizes as are usually required for the market, and shall be designated by Guernsey, *250regard being had to a due variety of sizes, so as to meet the general requirements of the market, except that the company may give orders for any required sizes…