Sears, Roebuck & Co. v. Mears Slayton Lumber Co.

Plaintiff'brought suit against the defendant to recover $441.06. There was a verdict and judgment in plaintiff’s favor for the amount of its claim, to reverse which defendant prosecutes this appeal.

The record discloses that plaintiff was engaged in selling merchandise through the mail in 1917. It entered into a contract with the National Portable Building Company, whereby that company agreed to construct and sell to plaintiff portable houses. That in the construction of the houses the building company occupied a part of the lumber yards of the defendant; that under the agreement between…