Southern Wood Preserving Co. v. Resaca Lumber Co.

The plaintiff in error sued for the breach of an alleged contract for the sale of lumber amounting to more than $50. The petition as amended showed that the plaintiff, on or about October 15,1919, placed with the defendant a written order for the lumber, containing a statement of the quantity and dimensions, and specifications as to kind and quality; that the order was at first accepted by the defendant verbally, but that there had been a part performance as indicated in the third division of the syllabus, and also that the defendant had “ recognized and ratified ” the " contract by a…