McAllister Lumber & Supply Co. v. Eldora Resort & Power Co.

This action was commenced by the lumber company to recover damages for an alleged failure to deliver timber, according to a written contract, wherein the defendant sold and agreed to deliver timber, and the plaintiff agreed to receive and pay for the *92same. The complaint sets out the written contract and alleges in substance that the defendant delivered timber for several m'onths, and then ■ ceased and refused to deliver any more, in consequence of which the plaintiff was damaged. To the complaint a demurrer •was filed on the grounds that the complaint did not state facts sufficient to…