Mengel Co. v. Raziano

Mc-BRIDE, Judge.

Plaintiff filed this suit against defendant for the amount allegedly due on a written contract of sale dated March 22, 1949, wherein defendant purchased from plaintiff approximately 215,000 feet of túpelo gum logs, located in a pond at plaintiff’s Thibo-daux, Louisiana, plant, for the price and sum of $25.00 per thousand feet, and has perfected this appeal from a judgment below dismissing its suit. The purchaser bound himself to remove the logs from the pond “in the most expeditious manner practicable” at his own expense.

It was stipulated at the trial that during March, April,…