Tweedle Bros. v. Berliner

The plaintiff brought this action against the defendant to recover damages alleged to have arisen out of breach of contract. Upon trial of the issues presented, the jury returned a verdict for the defendant. The plaintiff filed a motion for a new trial which was granted and the defendant has appealed.

The plaintiff is engaged in the business of wholesaling “special use” lumber. The defendant owned and operated the. Marx- Fabricating Company and desired to purchase from plaintiff clear Sitka spruce lumber, kiln-dried and cut to certain lengths for the purpose of manufacturing flare bodies. On…