Kirby Lumber Co. v. C. R. Cummings & Co.

NEILL, Associate Justice.

This suit was brought by appellees to recover damages against appellant for the breach of certain alleged sales of lumber made by the latter to the former; the breach alleged being the company’s failure to deliver the lumber contracted for.

The defendant answered by general and special exceptions to plaintiff’s first amended original petition, on which the case was tried, a general denial, pleas of limitation and certain. other pleas in bar, which will hereafter be referred to.

The case was tried before a jury, whom, after the evidence was introduced, the court…