Smith v. Kelly

Kelly sued Smith to recover back the price paid for logs not delivered. He bought a lot of logs lying in the boom of the Tittabawassee Boom Company, estimated at 75 thousand feet, which were mixed up in a large lot, and which were to be delivered to him in another boom, to which they were taken in small parcels, and as he claimed ran short in quantity about 19 thousand feet. The number of logs held out, but not the measurement. The chief controversy was whether Kelly was to take the logs at a prior scale made by one Newton, or at the boom company’s scale. There was also a claim by defendant…