Chambers v. Austin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lou E. Chambers, from a judgment of the County Court of St. Lawrence county in favor of the défendant, entered in the office of the clerk of the county of St. Lawrence on the 31st day of May, 1900, affirming a judgment rendered by a Justice’s Court in favor of the defendant.
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Appeal by the plaintiff, Lou E. Chambers, from a judgment of the County Court of St. Lawrence county in favor of the défendant, entered in the office of the clerk of the county of St. Lawrence on the 31st day of May, 1900, affirming a judgment rendered by a Justice’s Court in favor of the defendant. On February 25, 1899, the defendant, as a part of the consideration of a barn and lot that day conveyed to him by the plaintiff, agreed, in writing, to furnish the plaintiff 10,000 feet of dry pine lumber, 6,000 feet of which were to be of a good quality, Ho. 2, planed on one side and matched, 12…
1Opinion of the Court
Edwards, J.:
The question in this case is on whom must fall the loss of the 2,145 feet of lumber destroyed by fire on May 24, 1899, and that depends upon the question as to whether the title was at that time vested in. the plaintiff or'in the defendant.
The agreement was not for any specific lumber finished and ready for delivery. It was for 10,000 feet of lumber* 6,000 to be of a certain quality-and finish, and 4,000 of another, a part to be-ready at defendant’s mill by May fifteenth and the remainder by June first. The defendant then had in his mill yard 25,000 or 30,000 feet of lumber, from…
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