Fuller v. Schuh-Mason Lumber Co.

POLLOCK, District Judge.

This action was brought by the Sehuh-Mason Lumber Company, hereinafter called the Lumber Company, against Oscar Puller, and Hanson J. Marks as the executor of the estate of John J. Marks, deceased, said Puller and John J. Marks having been a copartnership as Puller & Marks, and hereinafter called Puller & Marks, to recover damages for breach of two contracts t.o deliver lumber.

The facts are, on March 8, 1917, Puller & Marks entered into a contract in writing with *532the Lumber Company to sell and deliver to it 500,000 feet of dry cypress lumber f. o. b. Marston, Mo., at…