Miller v. Timmerman

1. In a suit for the recovery of the purchase-price of an alleged definite number of feet of lumber at a definite price, which the plaintiff had shipped to the defendant, testimony of the plaintiff to the effect that he himself checked the lumber when it was loaded on .a railroad-car for shipment, that the number of feet sued for was correct, and that the amount sued for was due by the defendant, was insufficient *84to establish as a fact that all the lumber shipped was of the grade contracted for, and that therefore the full amount sued for was correct, where the plaintiff elsewhere testified…