Quinto v. Millwood Forest Products, Inc.

LANSING, Judge.

This is an action for alleged misdelivery of cedar lumber. The appeal is taken from an order of the district court granting a directed verdict to the defendant. We reverse.

FACTS AND PROCEDURAL BACKGROUND

In September 1989, Appellant Fred Quint'o acquired from Petersen Forest Products, LTD, (Petersen), two truck loads of rough cedar lumber. He arranged for Petersen to deliver the lumber to Respondent Millwood Forest Products, Inc. (Millwood), where it was to be milled into siding. After Millwood milled the cedar lumber to specifications provided by Quinto, at Quinto’s instruction…